Harbours Act 2010

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AT 9 of 2010

HARBOURS ACT 2010

Harbours Act 2010 Index


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c i e
HARBOURS ACT 2010

Index Section Page

PART 1 – HARBOURS AND THEIR OPERATION 7

Harbour limits 7

1 Harbour limits ................................................................................................................. 7
Functions of the Department 8

2 General functions ............................................................................................................ 8
3 Coastguard service ......................................................................................................... 8
4 Bye-laws ........................................................................................................................... 8
Harbour master 8

5 Appointment of harbour master .................................................................................. 8
6 Penalty for obstruction ................................................................................................... 9
7 Other responsibilities of master or owner of vessel not affected ............................. 9
Use of harbour 9

8 Reporting arrival or entry of vessel .............................................................................. 9
9 Provision of information and documentation .......................................................... 10
10 Directions in connection with use of harbour .......................................................... 10
11 Limitation of use of harbour ....................................................................................... 11
Goods 11

12 Supervision of loading and unloading ...................................................................... 11
13 Restriction on landing and shipping of goods ......................................................... 12
14 Power to direct loading or unloading of cargo ........................................................ 12
15 Access to goods ............................................................................................................. 12
Dangerous goods etc 13

16 Dangerous goods .......................................................................................................... 13
17 Directions concerning dangerous goods ................................................................... 13
18 Control of dangerous goods ........................................................................................ 14
19 Control of dangerous articles ...................................................................................... 14
20 Prohibition on bringing certain articles within harbour limits .............................. 15
Dangerous and unfit vessels 15

21 Directions concerning dangerous vessels ................................................................. 15
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22 Unfit vessels .................................................................................................................. 17
Obstructions and abandoned property 18

23 Removal of obstructions .............................................................................................. 18
24 Property left without permission ............................................................................... 19
Disposals 20

25 Sales or disposals under sections 22, 23 and 24 ....................................................... 20
Restriction of works 21

26 Works detrimental to navigation or use of vessels .................................................. 21
27 Reference to Council of Ministers .............................................................................. 24
28 Appeals .......................................................................................................................... 24
29 Unauthorised works .................................................................................................... 25
Safety of harbour 26

30 Designation of restricted area ..................................................................................... 26
31 Unauthorised presence in restricted area ................................................................. 27
32 Power to require vessel to be moved ......................................................................... 27
33 Breaking up or dismantling of vessel ........................................................................ 28
34 Restriction on extinguishing of lights ........................................................................ 28
35 Opening and closing bridges ...................................................................................... 29
36 Vessels to have appropriate moorings ...................................................................... 29
37 Penalty for wilfully cutting moorings ....................................................................... 29
PART 2 – CHARGING POWERS 30

General provisions 30

38 Power to charge ............................................................................................................ 30
39 Power to waive, exempt from, compound or discount .......................................... 30
40 Agreements for payment............................................................................................. 30
41 Berths available on payment of dues ......................................................................... 30
42 List of dues and charges .............................................................................................. 31
Payment and recovery of dues 31

43 Liability to pay dues .................................................................................................... 31
44 Payment of dues ........................................................................................................... 31
45 Goods being unshipped or shipped .......................................................................... 31
46 Ascertainment of dues payable on vessels and goods ............................................ 32
47 Ascertainment of dues payable on passengers ........................................................ 33
48 Penalty for evading payment ..................................................................................... 34
49 Remedies for non-payment of dues on vessels and passengers ............................ 34
50 Remedies for non-payment of dues on goods.......................................................... 35
51 Refusal of permission to leave harbour..................................................................... 37
52 Detention of vessel pending payment ....................................................................... 37
PART 3 – PLEASURE CRAFT AND CERTAIN OTHER VESSELS 37

53 Application of this Part................................................................................................ 37
54 Regulations for registration and operation .............................................................. 38
55 Prohibition on living on board ................................................................................... 38
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PART 4 – COMPULSORY INSURANCE 39

56 Regulations requiring compulsory insurance or security ....................................... 39
PART 5 – RESTRICTIONS ON ALCOHOL AND DRUGS 40

57 Professional staff on duty ............................................................................................ 40
58 Professional staff off duty ............................................................................................ 40
59 Non-professionals ......................................................................................................... 41
60 Prescribed limit ............................................................................................................. 42
61 Penalty ............................................................................................................................ 42
62 Specimens ...................................................................................................................... 42
63 Detention pending arrival of police ........................................................................... 43
64 Arrest without warrant ................................................................................................ 43
65 Right of entry ................................................................................................................. 43
66 Crown application ........................................................................................................ 44
67 Territorial application .................................................................................................. 44
PART 6 – MISCELLANEOUS AND SUPPLEMENTAL 44

68 Legal proceedings ......................................................................................................... 44
69 Offences by bodies corporate ...................................................................................... 44
70 Lighthouses.................................................................................................................... 45
71 Pilots ............................................................................................................................... 45
72 Compulsory purchase of property ............................................................................. 46
73 Running dry and lowering of water level ................................................................. 46
74 Navigational aids .......................................................................................................... 46
75 Facilities for aircraft ...................................................................................................... 47
76 Restriction on disposal of land.................................................................................... 47
77 Right to enter or leave harbour ................................................................................... 47
78 Production of books and documents ......................................................................... 48
79 Application of EU instruments ................................................................................... 48
80 Implementation of EU obligations ............................................................................. 49
81 Application of United Kingdom legislation.............................................................. 49
82 Public documents.......................................................................................................... 50
83 Interpretation ................................................................................................................. 50
84 Savings, transitional provisions, amendments and repeals ................................... 54
85 Short title and commencement ................................................................................... 54
SCHEDULE 1 55

PURPOSES FOR WHICH BYE-LAWS MAY BE MADE 55
SCHEDULE 2 59

RESTRICTIONS ON ALCOHOL AND DRUGS 59
SCHEDULE 3 61

SAVINGS AND TRANSITIONAL PROVISIONS 61
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SCHEDULE 4 62

CONSEQUENTIAL AMENDMENTS 62
SCHEDULE 5 63

CONSEQUENTIAL REPEALS 63
ENDNOTES 65

TABLE OF LEGISLATION HISTORY 65
TABLE OF RENUMBERED PROVISIONS 65
TABLE OF ENDNOTE REFERENCES 65

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c i e
HARBOURS ACT 2010

Received Royal Assent: 19 October 2010
Announced to Tynwald: 19 October 2010
Commenced: See endnotes
AN ACT
to re-enact with amendments certain enactments relating to the
management, control, operation, maintenance, development and improvement
of harbours; to provide for the charging of dues and the making of other
charges; to provide for the registration and operation of certain vessels; to make
new provision to prohibit persons living on board certain vessels within
harbour limits; to make new provision for compulsory insurance in respect of
vessels; to make new provision to deal with the presence of alcohol and drugs
on board vessels; and for connected purposes.
PART 1 – HARBOURS AND THEIR OPERATION

Harbour limits
1 Harbour limits

[1995/5/13]
(1) The limits of the harbours in the Island existing immediately before this
section comes into operation continue to be the limits of the harbours for
the purposes of this Act.
(2) The Department may by order alter harbour limits.
(3) The Department shall maintain and keep available for inspection by the
public free of charge at its principal office maps showing what appear to
the Department to be the limits of every harbour.
(4) If the Department considers it necessary to reduce danger to navigation,
it may by order designate the whole or any part of Manx waters as being
included within harbour limits, but only for the purposes of the
application of bye-laws concerning any of the matters set out in Part 2 of
Schedule 1.
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(5) A designation under subsection (4) may be for specified days or times of
day only or for an indefinite period of time.
(6) An order under subsection (2) or subsection (4) shall not come into
operation unless it is approved by Tynwald.
Functions of the Department
2 General functions

The Department shall provide for the management, control, operation,
maintenance, development and improvement of harbours and may provide
facilities for vessels, goods and harbour users.
3 Coastguard service

[XIX p.538/6A]
(1) The Department may employ, maintain and equip a coastguard service
to perform such functions as the Department determines.
(2) Any reference in any statutory provision to, or to any member of, Her
Majesty’s Coastguard or the coastguard service, shall be construed as
including any coastguard service established by the Department or, as
the case may be, any member of that service.
4 Bye-laws

[XIX p.538/20]
(1) The Department may make bye-laws for the good government of
harbours.
(2) Without limiting subsection (1), the Department may make bye-laws for
the purposes mentioned in Schedule 1.
(3) Bye-laws shall not come into operation unless they are approved by
Tynwald.
(4) A person who contravenes a bye-law made under subsection (1) commits
an offence and is liable on summary conviction to a fine of up to £5,000
or, where the bye-law so provides, a lesser amount.
Harbour master
5 Appointment of harbour master

[XIX p.538/5; 1993/14/Sch2/8]
(1) The Department shall appoint a person to exercise the functions of the
harbour master under this Act and to collect dues and other charges
under this Act.
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(2) The harbour master may by written instrument delegate to an officer of
the Department any of the harbour master’s functions, other than this
power of delegation.
(3) A delegation under subsection (2) may authorise the sub-delegation of all
or any of the functions delegated.
(4) A delegate shall, in the exercise of a delegated function, comply with any
directions, conditions, qualifications, guidelines and exceptions
communicated in writing to the delegate by the harbour master.
(5) A delegate shall be furnished with a certificate of authorisation and,
when the delegate proposes to perform any function under this Act, the
delegate shall, if requested, produce that certificate.
(6) A delegate shall also, if so requested, state his or her name, the function
proposed to be performed, and the grounds for performing it.
(7) When performing a function authorised by this Act, the harbour master
may act alone or may be accompanied by such other persons as the
harbour master considers appropriate.
6 Penalty for obstruction

A person who obstructs or impedes the exercise of a function conferred on the
harbour master by this Act commits an offence and is liable on summary
conviction to a fine of up to £2,500.
7 Other responsibilities of master or owner of vessel not affected

A direction or requirement by or on the authority of the harbour master to the
master or owner of a vessel under this Act does not extend or diminish any
responsibility of the master or owner of the vessel in relation to the vessel or its
cargo.
Use of harbour
8 Reporting arrival or entry of vessel

(1) The master or owner of —
(a) a vessel which arrives at a harbour; or
(b) a vessel which enters the limits of a harbour whose length,
breadth, draught or tonnage exceeds the limit prescribed by order
of the Department,
shall report the arrival or entry (as the case may be) to the harbour
master immediately, or as soon as is reasonably practicable after, the
vessel enters harbour limits.
(2) An order under subsection (1)(b) shall be laid before Tynwald.
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(3) A master or owner who fails to comply with subsection (1) commits an
offence and is liable on summary conviction to a fine of up to £1,000.
9 Provision of information and documentation

(1) The harbour master may require the master or owner of a vessel which is
in or is about to enter the limits of a harbour to provide such information
and documentation in connection with that vessel or its crew, passengers
or cargo as the harbour master may reasonably require.
(2) A master or owner who fails to comply with a requirement under
subsection (1) commits an offence and is liable on summary conviction to
a fine of up to £2,500.
(3) A master or owner who, on being required to provide information or
documentation under subsection (1), gives information or documentation
which that person knows to be false or misleading commits an offence
and is liable on summary conviction to custody for up to 6 months, or a
fine of up to £5,000, or both.
10 Directions in connection with use of harbour

(1) The harbour master may, subject to bye-laws, give such directions in
connection with the use of the harbour as the harbour master considers
proper for the purpose of protecting persons and property or regulating
traffic.
(2) A direction under subsection (1) may be given to —
(a) the master or owner of a vessel using the harbour; or
(b) any person who appears to the harbour master to be in possession
of or using any vessel or other thing in the harbour.
(3) If the person to whom a direction has been given under subsection (1)
fails to comply with it or if the harbour master cannot find the relevant
person in order to give the direction —
(a) the harbour master may carry out the directions and do all things
necessary for or incidental to that purpose;
(b) the person to whom the direction was given, or would have been
given if that person had been found, shall pay to the Department
the reasonable expenses incurred in so carrying out the direction;
and
(c) in default of payment under paragraph (b), the expenses may be
recovered as a debt due to the Department.
(4) A person who fails to comply with a direction under subsection (1)
commits an offence and is liable on summary conviction to a fine of up to
£2,500.
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11 Limitation of use of harbour

(1) If the Department considers it necessary for the management, control,
operation, maintenance, development or improvement of a harbour, it
may by order designate an area in the harbour or specify harbour
facilities which —
(a) shall not be available to harbour users; or
(b) shall only be available as specified in the order.
(2) Where an order is made under subsection (1) the Department may
appropriate the designated area or the specified facilities —
(a) for the exclusive or preferential use of a particular user; or
(b) for a particular class of vessel, traffic or use.
(3) An order under subsection (1) has effect for the definite period of time
which is specified in the order.
(4) Before making an order under this section, the Department shall satisfy
itself that the order and the proposed use of the specified facilities or the
designated area will not prejudice —
(a) the safety of navigation in the harbour;
(b) the safe operation of the specified facilities and any other facilities
provided by the Department; or
(c) the safety of the designated area or any other area within the
harbour.
(5) An order under this section may specify facilities or designate an area by
description or by reference to a map or chart.
(6) An order under this section shall be laid before Tynwald as soon as
practicable after it is made, and if Tynwald at the sitting at which the
order is laid or at the next following sitting fails to approve it, the order
shall cease to have effect.
Goods
12 Supervision of loading and unloading

(1) If goods are being loaded onto or unloaded from a vessel which is within
harbour limits, the master or an officer of the vessel appointed by the
master shall supervise the loading or unloading.
(2) A master who fails to ensure compliance with subsection (1) commits an
offence and is liable on summary conviction to a fine of up to £5,000.
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13 Restriction on landing and shipping of goods

[XIX p.538/40]
(1) No person shall land or ship goods of any description at any place within
a harbour unless that place is designated in writing by the Department as
a landing place or shipping place (as the case may be) for those goods.
(2) A person who contravenes subsection (1) commits an offence and is
liable on summary conviction to a fine of up to £2,500.
(3) It is a defence for a person charged under subsection (2) to show that he
or she believed on reasonable grounds that the place where the goods
were landed or shipped had been designated as a landing place or
shipping place (as the case may be).
14 Power to direct loading or unloading of cargo

(1) If a delay occurs in loading or unloading the cargo of a vessel within
harbour limits and the harbour master considers the delay unreasonable,
the harbour master may direct the master or owner of the vessel to load
or unload the cargo within a specified period.
(2) If the master or owner of a vessel fails to comply with a direction made
under subsection (1) or if the harbour master, after making reasonable
enquiries, cannot find the master or owner of the vessel in relation to
which the harbour master wishes to give a direction —
(a) the harbour master may carry out the direction and do all things
necessary for or incidental to that purpose;
(b) the master or owner of the vessel shall pay to the Department the
reasonable expenses incurred in carrying out the direction; and
(c) in default of payment under paragraph (b), the expenses may be
recovered as a debt due to the Department.
(3) A master or owner who fails to comply with a direction under
subsection (1) commits an offence and is liable on summary conviction to
a fine of up to £2,500.
(4) It is a defence for a person charged under subsection (3) to show that he
or she took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.
15 Access to goods

The Department shall allow persons entitled to or having control of goods
deposited in or upon any premises, warehouses, quays or other places under
the control of the Department to have reasonable access to those goods.
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Dangerous goods etc
16 Dangerous goods

(1) The Department shall by order prescribe the goods or classes of goods
which it considers to be dangerous goods for the purposes of this Act.
(2) The Department may by order amend an order made under
subsection (1).
(3) An order under subsection (1) or (2) may prescribe dangerous goods by
reference to a classification published by a body specified in the order
and may, in particular, apply a classification which is published by that
body from time to time (that is, after as well as before the making of the
order).
(4) An order under this section shall not come into operation unless it is
approved by Tynwald.
17 Directions concerning dangerous goods

(1) If the harbour master is satisfied that it is necessary to avoid endangering
life or property the harbour master may give to any person directions as
to the movement, handling and storage within a harbour of any
dangerous goods which are within the limits of that harbour —
(a) for the purpose of being loaded onto a vessel; or
(b) awaiting removal from the harbour after being unloaded from a
vessel.
(2) A person who fails to comply with a direction under subsection (1)
commits an offence and is liable on summary conviction to a fine of up to
£5,000.
(3) If the person fails to comply with a direction given under subsection (1),
or if the harbour master, after making reasonable enquiries, cannot find
the person who has charge of the goods —
(a) the harbour master may carry out the direction and do all things
necessary for or incidental to that purpose;
(b) the reasonable expenses incurred in carrying out the direction
shall be paid to the Department by —
(i) the person to whom the direction was given, or would
have been given if that person had been found; or
(ii) that person’s employer (if the person was acting in the
course of employment in connection with the movement,
handling or storage of dangerous goods); and
(c) in default of payment under paragraph (b), the expenses may be
recovered as a debt due to the Department.
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(4) It is a defence for a person charged under subsection (2) to show that he
or she took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.
18 Control of dangerous goods

(1) A person who is the owner of, or has charge of, any dangerous goods
within harbour limits shall cause the goods to be removed to a place of
safety within 2 hours after being required to do so by written notice of
the harbour master.
(2) If dangerous goods remain within harbour limits, the owner or person
having charge of them or, in default of that person, the harbour master at
the expense of the owner, shall provide a sufficient number of persons to
guard them for such period and in such manner as the harbour master
may by written notice require.
(3) A person who contravenes subsection (1) or (2) commits an offence and
is liable on summary conviction to a fine of up to £5,000.
(4) Subsection (3) does not apply to the harbour master.
(5) If dangerous goods remain within harbour limits in contravention of
subsection (1) or (2) the Department may remove them and place or store
them in such place as the Department considers appropriate.
(6) The person referred to in subsection (3) shall pay to the Department the
reasonable expenses of removal and placing or storing and, in default of
payment, the expenses may be recovered as a debt due to the
Department.
19 Control of dangerous articles

(1) The harbour master may refuse to allow within harbour limits any article
which the harbour master considers will endanger the safety of the
harbour or of persons, vessels or goods within harbour limits.
(2) None of the persons mentioned in subsection (3) is liable in damages for,
or in respect of, anything done or omitted to be done in good faith in the
exercise, or purported exercise, of a refusal made under subsection (1).
(3) The persons referred to in subsection (2) are —
(a) the harbour master;
(b) any delegate or agent of the harbour master;
(c) the Department;
(d) any member, officer, employee or agent of the Department.
(4) Subsection (2) does not apply so as to prevent the award of damages
made in respect of an act or omission on the ground that the act or
omission was unlawful as a result of section 6(1) of the Human Rights Act
2001 (acts of public authorities).
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20 Prohibition on bringing certain articles within harbour limits

(1) The Department may, by notice displayed in a prominent place at a
harbour and otherwise published in such manner as the Department
considers appropriate, prohibit anything from being brought within
harbour limits which is specified in the notice as being, in the opinion of
the Department, likely to endanger the safety of —
(a) that harbour; or
(b) persons, vessels or goods within harbour limits.
(2) Whilst displayed in accordance with subsection (1), the notice has effect
according to its terms.
(3) A person who contravenes a notice under subsection (1) commits an
offence.
(4) A person guilty of an offence under subsection (3) is liable —
(a) on conviction on information to custody for up to 2 years, or a
fine, or both; or
(b) on summary conviction to custody for up to 6 months, or a fine of
up to £5,000, or both.
(5) The Department may remove anything brought within harbour limits in
contravention of a notice under subsection (1) and place or store it in
such place as the Department considers appropriate.
(6) The person referred to in subsection (3) shall pay to the Department the
reasonable expenses of removal and placing or storing and, in default of
payment, the expenses may be recovered as a debt due to the
Department.
Dangerous and unfit vessels
21 Directions concerning dangerous vessels

(1) This section applies if, in the opinion of the harbour master, the condition
of a vessel or the nature or condition of anything on or in it is such that
its presence in the harbour might involve —
(a) grave and imminent danger to the safety of any person, vessel or
property; or
(b) grave and imminent risk that the vessel may, by sinking or
foundering in the harbour, prevent or seriously prejudice the use
of the harbour by other vessels.
(2) If this section applies, the harbour master may give a direction
prohibiting the vessel entering into, or requiring its removal from, a
harbour.
(3) A direction under subsection (2) may be given —
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(a) to the master of the vessel;
(b) to the owner of the vessel;
(c) to the pilot of the vessel;
(d) to a salvor in possession of the vessel, or to any person who is an
employee or agent of a salvor in possession of the vessel, and who
is in charge of the salvage operation; or
(e) to any person in possession of the vessel.
(4) In determining whether to give a direction under subsection (2), the
harbour master shall have regard to all the relevant circumstances and,
in particular, to the safety of persons and vessels (whether inside or
outside the harbour and including the vessel to which the direction
relates).
(5) A direction may be given under subsection (2) in such reasonable
manner as the harbour master considers appropriate.
(6) The harbour master giving a direction under subsection (2) shall at the
same time inform the person to whom the direction is given of the
grounds for giving it unless it is not practicable to do so, in which case
the grounds shall be communicated as soon as reasonably practicable
afterwards.
(7) A person who without reasonable excuse fails to comply with any
direction given under subsection (2) commits an offence and is liable —
(a) on conviction on information to a fine; or
(b) on summary conviction to a fine of up to £5,000.
(8) It is a defence for a person charged under this section to show that he or
she took all reasonable precautions and exercised all due diligence to
avoid the commission of the offence.
(9) If a person fails to comply with any direction given under this section or
if the harbour master is satisfied that the circumstances are such that a
direction should be given but that it is impractical to do so —
(a) the harbour master may carry out the direction and do all things
necessary for or incidental to that purpose;
(b) the person to whom the direction was given or, where no
direction was given, the master or owner of the vessel shall pay
the reasonable expenses incurred in carrying out the direction to
the Department; and
(c) in default of payment under paragraph (b), the expenses may be
recovered as a debt due to the Department.
(10) Where —
(a) the Department is liable for any loss or damage occurring outside
a harbour in consequence of a direction given by, or the actions of,
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the harbour master in purported exercise of a power under this
section; and
(b) the provisions of section 191 of the Merchant Shipping Act 1995
(of Parliament) as it has effect in the Island, would apply so as to
limit that liability if the loss or damage in question had occurred
in that harbour,
then, for the purposes of that Act, the loss or damage shall be deemed to
have occurred in that harbour.
22 Unfit vessels

(1) A vessel which is —
(a) laid up as unfit for sea service;
(b) derelict; or
(c) so neglected as to be unfit for sea service,
may not lie within harbour limits, and the Department may take
possession of, raise (where necessary) and sell the vessel.
(2) If a vessel remains within harbour limits except as may be permitted
by —
(a) the harbour master;
(b) this Act; or
(c) any other statutory provision,
the harbour master may remove the vessel to any premises of the
Department.
(3) A vessel removed under subsection (2) may be kept until payment is
made to the Department of all of the reasonable expenses of removal and
storage (including, but not limited to, the reimbursement of all monies
spent on advertising and all time costs incurred by way of
administration) together with all dues and other charges owing to the
Department under this Act by the person who is responsible for their
payment.
(4) If the expenses, dues and other charges referred to in subsection (3) are
not paid within 14 days of removal the Department may sell the vessel.
(5) Section 25 has effect in relation to a vessel to be sold under this section.
(6) The following provisions have effect in respect of the sale of a vessel —
(a) the sale shall be authorised by order of the Department and shall
not take place unless the Department by order so directs;
(b) the order operates so as to entitle the Department to transfer title
to the vessel in the same manner and to the same extent as if it
were the registered owner of the vessel;
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(c) the sale operates to vest the vessel in the purchaser freed of all
mortgages, liens, charges or other interests in it , and the
purchaser shall not require any other evidence of title to the vessel
than a copy, certified by the Department, of the order;
(d) where —
(i) the vessel is registered under Parts I to III of the Merchant
Shipping Registration Act 1991; and
(ii) the purchaser is qualified to be the owner of the vessel
under that Act,
on production of the order or a copy of the order certified by the
Department, the Department of Economic Development shall
register the bill of sale effecting the transfer in the same manner as
if the Department were the registered owner of the vessel
immediately prior to the transfer.1

(7) In the event of a vessel being destroyed or otherwise disposed of under
section 25, the Department shall give notice of such destruction or
disposal to the Department of Economic Development.2

(8) In this section, ‘vessel’ includes the equipment of the vessel.
Obstructions and abandoned property
23 Removal of obstructions

(1) The Department may raise, remove or destroy an obstruction which is —
(a) within harbour limits; or
(b) within Manx waters.
(2) An obstruction raised or removed may be sold or otherwise disposed of
by the Department.
(3) Section 25 has effect in relation to any article to be sold under this
section.
(4) Unless payment is specifically waived by written notice of the
Department, the reasonable expenses incurred by the Department in
connection with the raising, removal or destruction of the obstruction
shall, so far as not recovered under subsection (2), be paid to the
Department by the owner of the obstruction or, at the option of the
Department, by any former owner of the obstruction and, in default of
payment, may be recovered as a debt due to the Department.
(5) Except for the purpose of removing an obstruction, nothing in this
section entitles the Department to remove any wreck (as defined in
section 38(1) of the Wreck and Salvage (Ships and Aircraft) Act 1979,
including that provision as construed in accordance with section 37(c) of
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that Act) to the prejudice or in derogation of the rights of the receiver of
wreck under that Act.
(6) If the Department removes a wreck it shall (without limiting the rights of
sale conferred by this section) hold and dispose of it and any surplus of
the proceeds of sale of it in accordance with any directions given to it by
the receiver.
(7) The powers conferred upon the Department by this section are in
addition to any other powers exercisable by it concerning the removal of
wrecks.
(8) Except where it considers the circumstances to be an emergency, the
Department shall, as early as practicable prior to raising, removing or
destroying an obstruction under this section, give to any relevant public
telecommunications operator and to the owner or operator of any
infrastructure likely to be affected by such raising, removal or
destruction written notice of its intention to do so.
24 Property left without permission

(1) This section applies if property remains within a harbour, except as may
be permitted by —
(a) the harbour master;
(b) this Act; or
(c) any other statutory provision.
(2) Where this section applies, the harbour master may remove the property
to any premises of the Department and keep it until payment is made to
the Department of all of the reasonable expenses of removal and storage
(including, but not limited to, the reimbursement of all monies spent on
advertising and all time costs incurred by way of administration)
together with all dues and other charges owing to the Department under
the Act by the person who is responsible for their payment.
(3) If the expenses, dues and other charges referred to in subsection (2) are
not paid within 14 days of removal the Department may sell the
property.
(4) Section 25 has effect in relation to property to be sold under this section.
(5) Property which remains unsold shall, with the consent of the Treasury
and provided that all customs and excise duties and value added tax
payable in respect of that property have been paid, be delivered, on
demand, to the person appearing to the Department to be entitled to the
property.
(6) In this section ‘property’ includes goods, plant, cargo, machinery, fishing
gear, nets, ship’s equipment and any other thing which the harbour
master considers to be property for the purposes of this section.
Section 25 Harbours Act 2010


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Disposals
25 Sales or disposals under sections 22, 23 and 24

(1) Subject to subsection (2), a sale shall not be made under sections 22, 23 or
24 unless —
(a) in the case of an intended sale under section 22, not less than 21
days’ notice in writing of the intended sale is given to the owner
of the vessel (but if the whereabouts of the owner are not known,
notice given in accordance with paragraph (b) shall be sufficient);
and
(b) in the case of any intended sale, not less than 21 days’ notice of
the intended sale is given by advertisement in a newspaper
published and circulating in the Island and in any such other
manner as the Department considers appropriate.
(2) Notwithstanding subsection (1), property which is of a perishable nature
or which would deteriorate in value by delay may be sold at any time.
(3) The proceeds of a sale carried out under sections 22, 23 or 24 shall be
applied by the Department in paying the following charges in the
following order —
(a) any customs or excise duties or any value added tax payable in
respect of the vessel, property or article sold;
(b) any dues or other charges payable to the Department under the
Act;
(c) any expenses incurred by the Department under sections 22, 23
or 24.
(4) Where the proceeds of sale have been applied in accordance with
subsection (3) —
(a) if any surplus remains it shall be paid on demand to the person
appearing to the Department to be entitled to it; and
(b) if any expenses incurred by or on behalf of the Department under
sections 22, 23 or 24 remain unpaid, they may be recovered as a
debt due to the Department from the former owner of the vessel,
article or property sold.
(5) Where, in the opinion of the Department, it is inadvisable to offer a
vessel, article or property for sale under sections 22, 23 or 24, or where
the vessel, article or property remains unsold, the Department may
destroy or otherwise dispose of the vessel, article or property, subject to
complying with subsection (7), after giving 21 days’ notice of the
intended destruction or disposal by advertisement in a newspaper
published and circulating in the Island and in such other manner as the
Department considers appropriate.
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(6) If a vessel, article or property is destroyed or otherwise disposed of
under subsection (5), the reasonable expenses incurred in the destruction
or disposal are recoverable as a debt due to the Department from the
former owner of the vessel, article or property.
(7) Where any customs or excise duties or any value added tax are payable
or any prohibition or restriction on importation applies in respect of a
vessel, article or property, the destruction or disposal of the vessel, article
or property is subject to the prior written consent of the Treasury and to
compliance with any conditions imposed by the Treasury.
(8) The Department shall not sell under sections 22, 23 or 24 any article or
property for use in the Island or the United Kingdom if any prohibition
or restriction on importation applies or if the price which would be
obtained is less than the amount of customs or excise duties or value
added tax payable in respect of the article or property.
(9) Anything liable to forfeiture under the Customs Acts or under any
statutory provision relating to merchant shipping shall not be sold or
disposed of under sections 22, 23 or 24.
Restriction of works
26 Works detrimental to navigation or use of vessels

(1) No person may without the written consent of the Department —
(a) construct, alter or improve any works on, under or over any part
of the foreshore or seabed;
(b) deposit any object or materials in Manx waters or on any part of
the foreshore or seabed; or
(c) remove any object or materials from any part of the foreshore or
seabed,
so that obstruction or danger to navigation or to the lawful use of vessels
is caused or is likely to result.
(2) An application to the Department for consent under this section —
(a) shall be made in such manner as may be prescribed in regulations
made by the Department under subsection (9); and
(b) shall include such plans and particulars and be verified by such
evidence as may be required by regulations or by direction given
by the Department under those regulations in respect of that
application.
(3) An application for consent may relate to —
(a) proposed operations particularised in the application;
(b) proposed operations which are not particularised in the
application but which are to be, or which may be, carried out
Section 26 Harbours Act 2010


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pursuant to the provisions of any agreement, scheme or other
arrangement, the terms of which have been notified to the
Department;
(c) operations carried out before the date of the application.
(4) Where an application for consent is made to the Department, the
Department may —
(a) grant consent, either unconditionally or subject to such conditions
as it considers appropriate; or
(b) refuse consent.
(5) Without limiting subsection (4)(a), conditions may be imposed on the
grant of consent —
(a) requiring the person who is to carry out the operations, or cause
the operations to be carried out, to give to the Department written
notice, within a specified period before commencing the
operations —
(i) that the person intends to carry out the operations;
(ii) describing the operations; and
(iii) specifying the time when and the place where the
operations are to be carried out;
(b) requiring the notification specified in paragraph (a) but
dispensing with the requirement that notice is given before
commencing the operations where —
(i) the operations are necessary to prevent death or serious
injury to persons or serious damage to property or to the
environment; and
(ii) written notice of them is given to the Department as soon
as practicable after they commence;
(c) regulating the operations to which the consent relates or the use
of the seabed, foreshore or Manx waters or requiring the carrying
out of works on the seabed, foreshore or in Manx waters;
(d) requiring the removal of any object, materials or works authorised
by the consent, or the discontinuance of any use of the seabed,
foreshore or Manx waters so authorised, at the end of a specified
period, and the carrying out of any works required for the
reinstatement of the seabed, foreshore or Manx waters at the end
of that period.
(6) A person who has a legal or equitable interest in the seabed, foreshore or
Manx waters in respect of which consent has been granted subject to
conditions may apply to the Department for the variation or discharge of
the conditions; and on such application the Department may —
(a) vary or discharge the conditions; and
Harbours Act 2010 Section 26


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(b) add new conditions consequential on the variation or discharge.
(7) In dealing with an application for consent under this section or an
application under subsection (6), the Department shall have regard to the
nature and extent of the obstruction or danger to navigation and the
lawful use of vessels.
(8) A consent of the Department under this section may be given so as to
continue in force, unless renewed, only if the operation for which the
consent is given is started or completed within the period specified in the
consent; and any renewal of the consent may be limited in the same
manner.
(9) The Department shall by regulations provide for —
(a) the procedure for the determination of applications for consent
under this section and applications under subsection (6);
(b) the exercise of functions in relation to the determination of such
applications, and appeals against decisions in relation to such
determinations;
(c) the giving of notice of any application for consent or application
under subsection (6) to any person (other than the applicant) who
has a legal interest in the seabed, foreshore or Manx waters to
which the application relates; and
(d) the publicity to be given, and the consultations to be carried out,
in connection with the determination of applications for consent
and applications under subsection (6).
(10) Regulations under subsection (9) may make provision for —
(a) the conduct of proceedings relating to such applications;
(b) the making of orders for the payment of costs in connection with
such proceedings;
(c) the refusal by the Department of an application for consent or an
application under subsection (6) where a similar application has
been refused within such period (not exceeding 5 years), ending
with the date on which the application is made, as is specified in
the regulations;
(d) the grant of consent with the reservation for subsequent approval
by the Department of matters not particularised in the
application; and
(e) the procedure for the determination of applications for such
approval as is mentioned in paragraph (d) or any other approval
required by a condition imposed on the grant of consent.
(11) Regulations under subsection (9) may provide that, where an application
for consent relates to operations for which the approval, consent or
licence of the Governor in Council, the Council of Ministers or any
Department is required under any enactment other than this section, any
Section 27 Harbours Act 2010


Page 24 AT 9 of 2010 c

proceedings in connection with the application may be taken
concurrently with any proceedings to be taken under that enactment.
(12) Regulations under subsection (9) shall not come into operation unless
they are approved by Tynwald.
27 Reference to Council of Ministers

(1) If it appears to the Council of Ministers that an application to the
Department for consent under section 26(1) or an application under
section 26(6) —
(a) raises considerations of general importance to the Island; or
(b) for some other reason ought not to be determined by the
Department,
it may direct that the application shall be referred to and determined
by it.
(2) Where the Council of Ministers grants consent on an application referred
to it under subsection (1) —
(a) the decision of the Council of Ministers shall be laid before
Tynwald, and shall not have effect until the end of the next sitting
following that before which the decision is first laid; and
(b) Tynwald may, at either of those sittings, resolve that the decision
be annulled, whereupon the application shall be deemed to have
been refused.
(3) In relation to an application subject to a direction under subsection (1),
references in sections 26 and 29 to the Department shall, where the
context requires, be construed as references to the Council of Ministers.
28 Appeals

(1) For the purposes of section 26, there is to be a tribunal known as the
Harbour Works Tribunal (‘the Tribunal’).
(2) The Tribunal shall consist of —
(a) a chairman appointed in accordance with the Tribunals Act
2006; and
(b) 2 members selected in accordance with regulations made under
section 9(b) of the Tribunals Act 2006 from a panel appointed in
accordance with that Act.
(3) A person who is aggrieved by a decision of the Department to —
(a) refuse consent under section 26(4);
(b) grant consent subject to conditions under section 26(4);
(c) vary, discharge or add new conditions under section 26(6); or
Harbours Act 2010 Section 29


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(d) refuse to vary, discharge or add new conditions under
section 26(6),
may appeal, in accordance with rules made under section 8 of the
Tribunals Act 2006, to the Tribunal.
(4) On the determination of an appeal under this section the Tribunal shall
confirm, vary or revoke the decision in question.
(5) The variation or revocation of a decision does not affect the previous
operation of that decision or anything duly done or suffered under it.
(6) Without prejudice to subsection (7), a decision of the Tribunal on an
appeal under this section is binding on the Department and the
applicant.
(7) An appeal from a decision of the Tribunal lies to the court, in accordance
with rules of court, on a question of law.
29 Unauthorised works

(1) A person who —
(a) contravenes section 26(1); or
(b) fails to comply with a condition subject to which the consent of
the Department was given under section 26(4),
commits an offence.
(2) A person guilty of an offence under subsection (1) is liable —
(a) on conviction on information to custody for up to 2 years, or a
fine, or both; or
(b) on summary conviction to custody for up to 6 months, or a fine of
up to £5,000, or both.
(3) Without affecting any proceedings under subsection (1), the Department
may serve a notice on a person referred to in subsection (1) requiring that
person, within such period (being not less than 30 days) as may be
specified in the notice —
(a) to remove the works or to make such alterations as may be
specified; or
(b) to remove the object or materials,
and, if it appears to the Department urgently necessary to do so, it may
itself remove or alter the works or remove the object or materials.
(4) If the person upon whom the notice is served fails to comply with it
within the period specified in it, the Department may remove or alter the
works or remove the object or materials specified in the notice.
(5) Where under subsections (3) or (4) the Department removes or alters any
works or removes any object or materials, the Department may recover
its reasonable expenses for so doing from the person by whom the works
Section 30 Harbours Act 2010


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were constructed, altered or improved, or the object or materials was or
were deposited.
(6) An article removed by the Department under this section may be sold or
otherwise disposed of by the Department.
(7) An article shall not be sold for use in the Island or the United Kingdom if
any prohibition or restriction on importation applies in respect of that
article or where the price which would be obtained is less than the
amount of any customs or excise duties or any value added tax payable
in respect of the article.
(8) If an article is sold, the Department shall apply the proceeds of sale in
paying the following charges in the following order —
(a) any customs or excise duties and any value added tax payable in
respect of the article sold;
(b) any dues and other charges payable to the Department under this
Act; and
(c) any reasonable expenses incurred by the Department in
connection with —
(i) the sale or disposal;
(ii) the removal or alteration of the works or the removal of the
object or materials; and
(iii) if the article is part of any works, object or materials, any
sale or other disposal or destruction of any other part of
those works, object or materials,
and, if any surplus remains, it shall be paid, on demand, to the
person appearing to the Department to be entitled to it.
(9) A sale shall not (except in the case of property which is of a perishable
nature or which would deteriorate in value by delay) be made under
subsection (6) until at least 21 days’ notice of the intended sale has been
given by advertisement in a newspaper circulating in the Island and in
any such other manner as the Department considers appropriate.
(10) Anything liable to forfeiture under the Customs Acts or under any
statutory provision relating to merchant shipping shall not be sold or
disposed of under this section.
Safety of harbour
30 Designation of restricted area

[1995/5/13]
(1) If the Department considers it necessary for any of the following
purposes —
(a) public safety;
Harbours Act 2010 Section 31


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(b) avoiding or reducing danger to —
(i) navigation;
(ii) persons engaged in and vessels and equipment used for
fishing;
(iii) any structure or apparatus (including a submarine pipeline
or cable); or
(iv) marine flora or fauna; or
(c) avoiding or reducing interference with fishing or the exploitation
of mineral resources,
the Department may by order designate the whole or any part of a
harbour as a restricted area.
(2) The whole or any part of a harbour may be designated as a restricted
area, or part of a restricted area, for specified days or times of day only or
for an indefinite period of time.
(3) An order under subsection (1) shall be laid before Tynwald as soon as
practicable after it is made, and if Tynwald at the sitting at which the
order is laid or at the next following sitting fails to approve it, it shall
cease to have effect.
31 Unauthorised presence in restricted area

[1995/5/14]
(1) No person shall —
(a) go, with or without a vessel or vehicle, into a restricted area of a
harbour except with the permission of the Department or an
officer of the Department and in accordance with any conditions
subject to which that permission is granted; or
(b) remain in a restricted area after being requested to leave by the
Department or an officer of the Department.
(2) Subsection (1)(a) does not apply unless it is proved that, at the material
time, notices stating that the area concerned was a restricted area were
displayed so as to be readily seen and read by persons entering the
restricted area.
(3) A person who contravenes subsection (1) without lawful authority or
reasonable excuse commits an offence and is liable on summary
conviction to a fine of up to £5,000.
32 Power to require vessel to be moved

(1) For the purpose of carrying out any repairs or cleaning operations or for
any other purpose arising in relation to a harbour, the harbour master
may require the master or owner of a vessel which is at a place within
Section 33 Harbours Act 2010


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harbour limits to move the vessel from that place to another place within
harbour limits as the harbour master directs.
(2) If the master or owner of a vessel fails to comply with a requirement
made under subsection (1) or if the harbour master cannot, after making
reasonable enquiries, find the master or owner of a vessel in relation to
which the harbour master wishes to make a requirement under
this section —
(a) the harbour master may carry out the requirement and do all
things necessary for or incidental to that purpose; and
(b) the reasonable expenses incurred in carrying out the requirement
shall be paid by the master or owner of the vessel to the
Department and, in default of payment, may be recovered as a
debt due to the Department.
(3) A master or owner who fails to comply with a requirement under
subsection (1) commits an offence and is liable on summary conviction to
a fine of up to £2,500.
33 Breaking up or dismantling of vessel

(1) No vessel or other property shall be broken up or dismantled within
harbour limits without the prior written consent of the harbour master.
(2) When giving a written consent under subsection (1), the harbour master
shall specify in the consent a period during which the breaking up or
dismantling shall be completed and such other conditions as the harbour
master considers proper.
(3) If a person breaks up or dismantles a vessel within harbour limits
without having obtained the written consent of the harbour master or,
having obtained such consent, fails to complete the breaking up or
dismantling of the vessel within the period specified in that consent, the
Department may treat the vessel as a vessel laid up as unfit for sea
service and apply the provisions of section 22 (unfit vessels) in respect of
the vessel.
(4) In this section, ‘property’ includes goods, plant, cargo, machinery,
fishing gear, nets, ship’s equipment or any other thing which the harbour
master considers to be property for the purposes of this section.
34 Restriction on extinguishing of lights

(1) No person shall extinguish a light positioned for the purpose of lighting
a harbour or aiding navigation into or within a harbour or otherwise
positioned within Manx waters without the prior written consent of the
harbour master.
(2) A person who contravenes subsection (1) commits an offence and is
liable on summary conviction to a fine of up to £5,000.
Harbours Act 2010 Section 35


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35 Opening and closing bridges

(1) When a moving or movable bridge under the control of the Department
is being or is about to be opened or closed, an officer of the Department
may require any person who is on or near the bridge to withdraw to or to
remain behind the safety barriers for that bridge until the opening or
closing is completed.
(2) No person shall open or close any movable bridge under the control of
the Department unless that person is an officer of the Department.
(3) A person who fails to comply with a requirement under subsection (1) or
contravenes subsection (2) commits an offence and is liable on summary
conviction to a fine of up to £2,500.
(4) It is a defence for a person charged under this section to show that the
action was taken so as to prevent loss of life or injury to any person or
damage to property.
36 Vessels to have appropriate moorings

(1) The master or owner of a vessel which is within the limits of a harbour
shall ensure that the vessel has at all times moorings which are
appropriate for that vessel in that harbour.
(2) The harbour master may direct the master or owner of a vessel to fix and
otherwise to secure appropriate moorings to that vessel.
(3) A person who fails to comply with a direction given under subsection (2)
commits an offence and is liable on summary conviction to a fine of up to
£2,500.
37 Penalty for wilfully cutting moorings

[XIX p.538/54]
(1) A person (other than the harbour master or, if the harbour master is not
present, an officer of the Department) who wilfully cuts, breaks or
destroys the mooring or fastening of any vessel in a harbour or in the
vicinity of a harbour commits an offence and is liable on summary
conviction to a fine of up to £5,000.
(2) It is a defence for a person charged under this section to show that the
action was taken so as to prevent loss of life or injury to any person or
damage to property.
Section 38 Harbours Act 2010


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PART 2 – CHARGING POWERS

General provisions
38 Power to charge

(1) The Department may charge such dues in respect of vessels, passengers
and goods as are prescribed by it in regulations.
(2) The Department may make such other charges in respect of facilities
provided by it for vessels, passengers (other than officers of Customs and
Excise) and goods as are prescribed by it in regulations.
(3) Regulations under subsections (1) or (2) shall not come into operation
unless they are approved by Tynwald.
39 Power to waive, exempt from, compound or discount

Regulations under section 38 may make provision for —
(a) the waiver of dues and other charges;
(b) the exemption from dues and other charges;
(c) the compounding or discounting in respect of dues and other
charges,
in each case, either wholly or partially, absolutely or conditionally.
40 Agreements for payment

The Department may make and carry out an agreement with a person liable to
pay dues or other charges to the Department for the purpose of —
(a) giving credit to that person for dues and other charges;
(b) receiving security from that person for dues and other charges;
(c) authorising the Department to take a deposit on account of dues
and other charges; and
(d) the provision by that person of particulars to the Department
(otherwise than in accordance with this Part) in connection with
the matters in respect of which dues or other charges are payable.
41 Berths available on payment of dues

(1) Upon payment of the appropriate dues and other charges, the
Department shall make berths available to vessels in a harbour at
locations determined by the harbour master.
(2) The Department is not obliged to offer berthing or other harbour
facilities to —
Harbours Act 2010 Section 42


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(a) any vessel in respect of which default has been made in the
payment to the Department of any dues or other charges under
this Act; or
(b) any other vessel which is in common ownership, management,
charter or control with the vessel mentioned in paragraph (a).
(3) This section is subject to section 11 (limitation of use of harbour).
42 List of dues and charges

The Department shall maintain and keep available for inspection by the public
free of charge at its principal office a list of the dues and other charges levied by
it under this Act.
Payment and recovery of dues
43 Liability to pay dues

Dues are payable by the master or owner of the vessel to which the dues relate.
44 Payment of dues

Dues shall be paid to the Department in the manner and time prescribed by
regulations made under section 38.
45 Goods being unshipped or shipped

(1) Subject to subsection (3), if goods are to be unshipped within harbour
limits, the master of the vessel containing the goods shall —
(a) as soon as practicable and, in any event, no later than 24 hours
after the arrival of the vessel —
(i) notify to an officer of the Department the name of the
consignee of the goods or, if the goods are to be delivered
to some other person, the name of that person; and
(ii) deliver to an officer of the Department written particulars
of the goods and produce, if required by the Department,
such manifests, bills of lading or other documents relating
to the goods that show the true nature, quantity and
weight of the goods;
(b) if required by the Department, give 12 hours’ or such shorter
notice as the Department may specify to the Department of the
time at which it is intended to unship the goods; and
(c) pay all dues payable in respect of the goods.
(2) Subject to subsection (3), if goods are to be shipped within or outside
harbour limits, the master of the vessel into which the goods are to be
shipped shall —
Section 46 Harbours Act 2010


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(a) as soon as practicable and, in any event before loading the
goods —
(i) deliver to an officer of the Department written particulars
of the goods; and
(ii) if required by the Department, procure a permit from the
Department to ship the goods, and
(b) as soon as practicable after loading the goods and, in any event,
before sailing —
(i) produce, if required by the Department, all manifests, bills
of lading or other documents relating to the goods that
show the true nature, quantity and weight of the goods;
and
(ii) pay all dues payable in respect of the goods.
(3) The Department may by written instrument specify alternative periods
of time to those set out in subsections (1) and (2) which allow further
time for compliance with the requirements of subsections (1) and (2) and
these alternative periods shall apply in determining whether an offence
has been committed under subsection (5)(b).
(4) The master of a vessel may delegate in respect of that vessel the
obligations contained in this section to an agent (who may be, but need
not be, the owner of the vessel) but, unless the delegation is approved in
advance by the Department, the master remains liable for any breaches
of this section.
(5) A person who —
(a) gives particulars or produces documents in the course of a
verification under this section which are false or misleading in
any material particular; or;
(b) otherwise fails to comply with any requirements of this section,
commits an offence and is liable on summary conviction to a fine of up to
£2,500.
46 Ascertainment of dues payable on vessels and goods

(1) In order to ascertain the dues payable in respect of a vessel or any goods
in or on the vessel, an officer of the Department may —
(a) enter the vessel within harbour limits; or
(b) cause the goods to be weighed before shipment or after landing.
(2) If a dispute arises between the officer and the master of any vessel or the
owner of any goods concerning the weight or quantity of the goods, the
officer may cause the goods to be weighed or measured and for that
purpose may detain the vessel containing the goods.
(3) Where any goods are weighed or measured under subsection (2) —
Harbours Act 2010 Section 47


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(a) if the weight or quantity of the goods is greater than that shown
by the documents or the account or statement of goods delivered
under this Part, the expenses of the weighing or measuring shall
be paid to the Department and are recoverable as if they were in
respect of dues charged on the goods;
(b) if the weight or quantity of the goods is the same or less than that
shown by the documents, account or statement, the expenses of
the weighing or measuring, and any other expenses occasioned by
the weighing or measuring or by the detention of the vessel for
that purpose, shall be paid by the Department.
47 Ascertainment of dues payable on passengers

(1) The master of a vessel liable to pay dues in respect of its passengers or, if
the Department so permits, an agent on behalf of the master, shall deliver
to an officer of the Department, as soon as is reasonably practicable, a
declaration, in a form approved by the Department, as to the number of
passengers carried by the vessel and embarked or disembarked within
harbour limits.
(2) A master or agent who —
(a) fails to deliver a declaration under subsection (1);
(b) delivers any declaration which is false in any material particular;
or
(c) in any other way obstructs the delivery of a true declaration in a
timely manner,
commits an offence.
(3) An officer of the Department may at all reasonable times inspect and
examine and, if required, take copies of or extracts from all books, tickets,
documents and other records (in any form) showing the number of
passengers carried by a vessel liable to pay passenger dues.
(4) Information obtained by an inspection under subsection (3) is not
admissible in evidence in any prosecution or other proceedings against
any person for carrying an excessive number of passengers on any
voyage of the vessel.
(5) A person in possession or charge of any books, tickets, documents or
records (in any form) relating to a vessel who fails to produce them to an
officer of the Department, or to permit the officer to inspect, examine or
take copies of them or extracts from them, commits an offence.
(6) A person guilty of an offence under subsection (2) or (5) is liable on
summary conviction to custody for up to 6 months, or a fine of up to
£5,000, or both.
Section 48 Harbours Act 2010


Page 34 AT 9 of 2010 c

(7) It is a defence for a person charged with an offence under subsection (2)
or (5) to show that he or she took all reasonable precautions and
exercised all due diligence to avoid the commission of the offence.
48 Penalty for evading payment

(1) A person who evades or attempts to evade payment of dues or other
charges under this Part commits an offence and is liable on summary
conviction to a fine of up to £5,000.
(2) Liability under subsection (1) does not affect any proceedings or steps
taken or to be taken to recover the dues or other charges outstanding.
49 Remedies for non-payment of dues on vessels and passengers

(1) This section applies where default is made in the payment to the
Department of dues in respect of —
(a) any vessel which is owned, managed or chartered by or is
otherwise under the control of a person; or
(b) in respect of the passengers of such vessel.
(2) Where this section applies, an officer of the Department may enter that
vessel or any other vessel within harbour limits which is owned,
managed or chartered by or is otherwise under the control of that person,
and unless the dues are paid immediately, may arrest the vessel and its
equipment.
(3) A vessel or equipment arrested under this section may —
(a) be detained until the dues in respect of which the arrest was made
are paid or until security for payment is given; or
(b) if the dues are not paid within 14 days after the arrest, be sold by
the Department in accordance with the provisions of this section.
(4) The following provisions have effect in respect of the sale of a vessel
arrested under this section —
(a) the sale shall be authorised by order of the Department and shall
not take place unless the Department by order so directs;
(b) the order operates so as to entitle the Department to transfer title
to the vessel in the same manner and to the same extent as if the
Department were the registered owner of the vessel;
(c) the sale operates to vest the vessel in the purchaser freed of all
mortgages, liens, charges and other interests in it, and the
purchaser shall not require any other evidence of title to the vessel
than a copy, certified by the Department, of the order;
(d) where —
(i) the vessel is registered under Parts I to III of the Merchant
Shipping Registration Act 1991; and
Harbours Act 2010 Section 50


c AT 9 of 2010 Page 35

(ii) the purchaser is qualified to be the owner of the vessel
under that Act,
on production of the order or a copy of the order certified by the
Department, the Department of Economic Development shall register the
bill of sale effecting the transfer in the same manner as if the Department
were the registered owner of the vessel immediately prior to the
transfer.3

(5) The Department shall not sell any property or article under this section
for use in the Island or the United Kingdom if any prohibition or
restriction on importation applies or if the price which would be
obtained is less than the amount of customs or excise duties or value
added tax payable in respect of the property or article.
(6) If a sale is carried out under this section, the sale proceeds shall be
applied in paying the following charges in the following order —
(a) any customs or excise duties or any value added tax payable in
respect of any property or article sold; and
(b) any dues in respect of which the sale was carried out, and any
reasonable expenses of and incidental to the sale,
and any surplus shall be paid to the person who the Department
considers to be entitled to it.
(7) Where —
(a) the Department is unable or deems it inexpedient to make an
arrest under this section; or
(b) the proceeds of a sale under this section are not sufficient to pay
all the dues payable to the Department and the reasonable
expenses of and incidental to the sale,
the dues due and the amount of the deficiency may be recovered as a
debt due to the Department.
(8) If a vessel or equipment arrested under this section has been offered for
sale under this section but remains unsold, the vessel or equipment may
be disposed of by the Department in such manner as the Department
determines.
(9) Anything liable to forfeiture under the Customs Acts or under any
statutory provision relating to merchant shipping shall not be arrested,
sold or otherwise disposed of under this section.
50 Remedies for non-payment of dues on goods

(1) If default is made in the payment to the Department of any dues on
goods, an officer of the Department may enter the vessel or other place
(being within harbour limits) in which the goods in respect of which the
dues were charged are kept and arrest the goods.
Section 50 Harbours Act 2010


Page 36 AT 9 of 2010 c

(2) If the goods have been removed from harbour limits, the officer may
enter any vessel or other place within harbour limits and arrest any other
goods found on or in such vessel or place belonging to the person in
default.
(3) Goods arrested by the Department under this section may be sold by the
Department.
(4) A sale under this section shall not (except in the case of goods which are
of a perishable nature or which would deteriorate in value by delay) be
made under subsection (3) until at least 21 days’ notice of the intended
sale has been given by advertisement in a newspaper circulating in the
Island and in any such other manner as the Department considers
appropriate.
(5) Goods shall not be sold for use in the Island or the United Kingdom
where any prohibition or restriction on importation applies in respect of
such goods or where the price which would be obtained is less than the
amount of any customs or excise duties or any value added tax payable
in respect of those goods.
(6) Where goods are sold under this section, the Department shall apply the
proceeds of sale in paying the following charges in the
following order —
(a) any customs or excise duties or any value added tax payable in
respect of the goods sold;
(b) any dues payable in respect of the goods; and
(c) the reasonable expenses of and incidental to the sale.
(7) Where the proceeds of sale have been applied under subsection (6), if
any surplus remains, it shall be paid to the person appearing to the
Department to be entitled to it.
(8) If any dues payable on the goods and the reasonable expenses of and
incidental to the sale remain unpaid, the balance may be recovered as a
debt due to the Department.
(9) Any goods which are not sold shall, provided that all customs or excise
duties and value added tax payable in respect the goods have been paid,
be delivered, on demand, to the person appearing to the Department to
be entitled to them.
(10) Where the Department is unable or considers it inexpedient to recover
dues on goods by arrest and sale under this section, it may recover the
dues as a debt due to the Department.
(11) Anything liable to forfeiture under the Customs Acts or any statutory
provision relating to merchant shipping shall not be arrested, sold or
otherwise disposed of under this section.
Harbours Act 2010 Section 51


c AT 9 of 2010 Page 37

51 Refusal of permission to leave harbour

The harbour master may refuse to give permission for a vessel to leave harbour
limits until —
(a) the master of the vessel has produced to the harbour master a
certificate signed by an officer of the Department stating that all
the dues and other charges payable to the Department in respect
of the vessel, its passengers and its cargo have been paid; or
(b) the harbour master has received notification from an officer of the
Department that satisfactory security for the payment of dues and
other charges has been received by the Department.
52 Detention of vessel pending payment

Subject to any contrary provision in a written agreement to which the
Department is party or is otherwise bound, the harbour master may detain a
vessel which has entered within harbour limits until the harbour master is
satisfied that all dues and all other charges owing to the Department under this
Act in respect of the vessel, its passengers and cargo, have been paid or
sufficient security has been given for their payment.
PART 3 – PLEASURE CRAFT AND CERTAIN OTHER VESSELS

53 Application of this Part

[1974/21/1]
(1) Subject to subsection (2), this Part applies to a craft or vessel which is
ordinarily based in the Island or Manx waters and which is —
(a) a pleasure craft less than 24 metres in length;
(b) a commercial vessel less than 24 metres in length; or
(c) a vessel owned by a Department.
(2) This Part does not apply to a craft or vessel which is —
(a) registered under the laws of a country outside the Island; or
(b) registered or is required to be registered under the Merchant
Shipping Registration Act 1991;
(c) a lifeboat;
(d) detained or seized by any Department;
(e) used exclusively as a pilot vessel; or
(f) exempted under subsection (3) from the operation of this Part.
(3) The Department may by order exempt craft, vessels, classes of craft and
classes of vessels from the operation of this Part.
Section 54 Harbours Act 2010


Page 38 AT 9 of 2010 c

(4) An order under subsection (3) shall be laid before Tynwald as soon as
practicable after it is made, and if Tynwald at the sitting at which the
order is made or at the next following sitting fails to approve it, the order
shall cease to have effect.
(5) Proof of registration under subsection (2)(a) and (b) shall be provided to
the satisfaction of the Department in such manner as the Department
considers appropriate.
54 Regulations for registration and operation

[1974/21/2]
(1) The Department may make regulations requiring the registration and
governing the operation and safety of craft or vessels to which this Part
applies and generally for matters connected with such registration,
operation and safety.
(2) Without limiting subsection (1), regulations under this section may —
(a) provide for the affixing of registration marks on such craft or
vessels;
(b) prescribe the fees to be charged for the registration of such craft or
vessels;
(c) prescribe provisions governing the registration, operation and
safety of such craft or vessels; and
(d) prescribe maximum penalties on summary conviction, of up to
£5,000, for the contravention of the regulations.
(3) Regulations under this section shall not come into operation unless they
are approved by Tynwald.
55 Prohibition on living on board

(1) No person shall use any craft or vessel as a permanent home within the
limits of any harbour —
(a) without the written permission of the Department; and
(b) otherwise than in compliance with any written conditions
imposed by the Department when granting permission.
(2) A person who contravenes subsection (1) commits an offence and is
liable on summary conviction to a fine of up to £1,000.
(3) Nothing in this section affects the Town and Country Planning Act 1999 or
any enactment amending or construed with that Act, whether passed
before or after this Act.
Harbours Act 2010 Section 56


c AT 9 of 2010 Page 39

PART 4 – COMPULSORY INSURANCE

56 Regulations requiring compulsory insurance or security

[P1997/28/16; P1995/21/ 192A]
(1) The Department may make regulations requiring that, in cases which are
prescribed by such regulations, while a vessel is in Manx waters, there
must be in force in respect of the vessel —
(a) a contract of insurance insuring such persons as may be specified
by the regulations against such liabilities as may be so specified
and satisfying such other requirements as may be so specified; or
(b) such other security relating to those liabilities as satisfies
requirements specified by or under the regulations.
(2) Regulations under this section do not apply in relation to —
(a) a foreign ship while it is exercising —
(i) the right of innocent passage; or
(ii) the right of transit passage through straits used for
international navigation;
(b) a warship; or
(c) a vessel used other than for commercial purposes by the
government of any State.
(3) Regulations under this section may not require insurance or security to
be maintained in respect of a vessel in relation to any liability in any case
where an obligation to maintain insurance or security in respect of that
vessel in relation to that liability is imposed by the Merchant Shipping
Act 1995 (of Parliament) as it has effect in the Island.
(4) Regulations under this section may require that, where a person is
obliged to have in force in respect of a vessel a contract of insurance or
other security, such documentary evidence as may be specified of the
existence of the contract of insurance or other security must be carried on
board the vessel and produced on demand, by such persons as may be
specified to such persons as may be so specified.
(5) Regulations under this section may provide —
(a) that, in such cases as are prescribed, a vessel which contravenes
the regulations is liable to be detained; and
(b) that contravention of the regulations is an offence punishable —
(i) on summary conviction by a fine of up to £5,000; or
(ii) on conviction on information by a fine.
(6) Regulations under this section may make provision in terms of any
document which the Department or any person considers relevant.
Section 57 Harbours Act 2010


Page 40 AT 9 of 2010 c

(7) Regulations under this section shall not come into operation unless they
are approved by Tynwald.
PART 5 – RESTRICTIONS ON ALCOHOL AND DRUGS

57 Professional staff on duty

[P2003/20/78]
(1) This section applies to —
(a) a professional master of a vessel;
(b) a professional pilot of a vessel; and
(c) a professional seaman on board a vessel while on duty.
(2) A person to whom this section applies commits an offence if that
person’s ability to carry out his or her duties is impaired because of drink
or drugs.
(3) A person to whom this section applies commits an offence if the
proportion of alcohol in that person’s breath, blood or urine exceeds the
limit prescribed in section 60.
(4) For the purposes of this section a master, pilot or seaman is professional
if (and only if) such person acts as master, pilot or seaman in the course
of a business or employment.
(5) If a person is charged with an offence under this section in respect of the
effect of a drug on that person’s ability to carry out duties on a fishing
vessel, it is a defence to show that —
(a) he or she took the drug for a medicinal purpose on, and in
accordance with, medical advice; or
(b) he or she took the drug for a medicinal purpose and had no
reason to believe that it would impair his or her ability to carry
out his or her duties.
58 Professional staff off duty

[P2003/20/79]
(1) This section applies to a professional seaman on board a vessel at a
time when —
(a) that person is not on duty; but
(b) in the event of an emergency that person would or might be
required by the nature or terms of his or her engagement or
employment to take action to protect the safety of the vessel, its
passengers and cargo.
Harbours Act 2010 Section 59


c AT 9 of 2010 Page 41

(2) A person to whom this section applies commits an offence if that
person’s ability to take the action mentioned in subsection (1)(b) is
impaired because of drink or drugs.
(3) A person to whom this section applies commits an offence if the
proportion of alcohol in that person’s breath, blood or urine exceeds the
limit prescribed in section 60.
(4) For the purposes of this section a seaman is professional if (and only if)
he or she acts as seaman in the course of a business or employment.
(5) If a person is charged with an offence under this section in respect of the
effect of a drug on that person’s ability to take action it is a defence for
such person to show that —
(a) he or she took the drug for a medicinal purpose on, and in
accordance with, medical advice; or
(b) he or she took the drug for a medicinal purpose and had no
reason to believe that it would impair his or her ability to take the
action.
59 Non-professionals

[P2003/20/80]
(1) This section applies to a person who —
(a) is on board a vessel which is under way;
(b) is exercising, or purporting or attempting to exercise, a function in
connection with the navigation or operation of the vessel; and
(c) is not a person to whom section 57 or 58 applies.
(2) A person to whom this section applies commits an offence if that
person’s ability to exercise the function mentioned in subsection (1)(b) is
impaired because of drink or drugs.
(3) Unless regulations provide otherwise, a person to whom this section
applies commits an offence if the proportion of alcohol in that person’s
breath, blood or urine exceeds the limit prescribed in section 60.
(4) Regulations under subsection (3) may make provision by reference, in
particular —
(a) to the power of a motor;
(b) to the size of a vessel; or
(c) to location.
(5) Regulations under subsection (3) shall not come into operation unless
they are approved by Tynwald.
Section 60 Harbours Act 2010


Page 42 AT 9 of 2010 c

60 Prescribed limit

[P2003/20/81]
(1) The prescribed limit of alcohol for the purposes of this Part is —
(a) in the case of breath, 35 microgrammes of alcohol in 100
millilitres;
(b) in the case of blood, 80 milligrammes of alcohol in 100
millilitres; and
(c) in the case of urine, 107 milligrammes of alcohol in 100 millilitres.
(2) The Department may make regulations amending subsection (1).
(3) Regulations under subsection (2) shall not come into operation unless
they are approved by Tynwald.
61 Penalty

[P2003/20/82]
A person guilty of an offence under this Part is liable —
(a) on conviction on information to custody for up to 2 years, or a
fine, or both; or
(b) on summary conviction to a fine of up to £5,000.
62 Specimens

[P2003/20/83 and 87]
(1) The provisions specified in the first column of the table set out in
Schedule 2, with the modifications specified in the third column and any
other necessary modifications, have effect in relation to an offence under
this Part.
(2) Consequently, but without limiting subsection (1), a person who, without
reasonable excuse, fails to provide a specimen when required to do so
under a provision specified in the first column of the table commits an
offence under that provision.
(3) For the purpose of the application by subsection (1) of a provision listed
in the table, a reference to the provision shall be treated, unless the
context otherwise requires, as including a reference to the provision as
applied.
(4) The Department may by regulations amend the table referred to in
subsection (1) so as —
(a) to add a provision relating to an offence which concerns alcohol
or drugs in relation to road traffic;
(b) to add, remove or amend a modification (whether or not in
connection with an amendment of a provision specified in the
table).
Harbours Act 2010 Section 63


c AT 9 of 2010 Page 43

(5) Regulations under subsection (4) shall not come into operation unless
they are approved by Tynwald.
63 Detention pending arrival of police

[P2003/20/84]
(1) The harbour master may detain a vessel if the harbour master reasonably
suspects that a person who is or may be on board the vessel is
committing or has committed an offence under section 57, 58 or 59.
(2) The power of detention under subsection (1) —
(a) is conditional upon the harbour master making a request, either
before the detention or as soon as possible after its
commencement, for a constable in uniform to attend; and
(b) lapses when a constable in uniform has decided whether or not to
exercise a power by virtue of section 62 and has informed the
harbour master of that decision.
64 Arrest without warrant

[P2003/20/85]
(1) A constable may arrest a person without a warrant if the constable
reasonably suspects that the person —
(a) is committing an offence under section 57(2), 58(2) or 59(2); or
(b) has committed one of those offences and is still under the
influence of drink or drugs.
(2) A person may not be arrested under this section while that person is at a
hospital as a patient.
(3) In subsection (2) ‘hospital’ means an institution which —
(a) provides medical or surgical treatment for in-patients or out-
patients; and
(b) is not on board a vessel.
(4) Arrest under this section shall be treated as arrest for an offence for the
purposes of Part IV (detention) of the Police Powers and Procedures Act
1998.
65 Right of entry

[P2003/20/86]
(1) A constable in uniform may enter a vessel in order to check whether or
not to exercise his or her powers under sections 62 or 64 in respect of a
person who is or may be on the vessel.
(2) A constable in uniform may enter any place in order to check whether or
not to exercise his or her powers under sections 62 or 64 in respect of a
person who is or may be in that place.
Section 66 Harbours Act 2010


Page 44 AT 9 of 2010 c

(3) For the purposes of entering a vessel or place under this section a
constable —
(a) may use reasonable force;
(b) may be accompanied by one or more persons.
66 Crown application

[P2003/20/90]
(1) This Part shall not apply to a member of any of Her Majesty’s forces,
within the meaning of the Armed Forces Act 2006 (of Parliament) as it
has effect in the Island, while acting in the course of that person’s duties.
(2) Subject to subsections (1) and (3), this Part shall apply to a person in the
service of the Crown.
(3) Section 63 does not have effect in relation to a vessel which —
(a) is being used for a purpose of Her Majesty’s forces; or
(b) forms part of the Royal Fleet Auxiliary Service.
(4) This Part does not apply to —
(a) a member of a visiting force; or
(b) a member of a civilian component of a visiting force,
while acting in the course of that person’s duties,
(5) In subsection (4), ‘visiting force’ has the same meaning as in section 3 of
the Visiting Forces Act 1952 (of Parliament) as it has effect in the Island
by virtue of section 12(1) of that Act.
67 Territorial application

[P2003/20/91]
This Part has effect in relation to any vessel within Manx waters whether
registered or unregistered and, if registered, wherever registered.
PART 6 – MISCELLANEOUS AND SUPPLEMENTAL

68 Legal proceedings

The Department or the Chief Constable may take proceedings for offences
under this Act.
69 Offences by bodies corporate

(1) Subsection (2) applies if an offence under this Act is committed by a
body corporate and it is proved that an officer of the body authorised,
permitted, participated in, or failed to take all reasonable steps to prevent
the commission of, the offence.
Harbours Act 2010 Section 70


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(2) The officer, as well as the body, commits the offence and is liable to the
penalty provided for the offence.
(3) In this section, ‘officer’ includes —
(a) a director, secretary or other similar officer;
(b) a person purporting to act as director, secretary or other similar
officer;
(c) if the affairs of the body are managed by its members, a member;
(d) if the body has a registered agent, the registered agent.
70 Lighthouses

For the purposes of Part VIII of the Merchant Shipping Act 1995 (of
Parliament) —
(a) the Northern Lighthouse Board is the general lighthouse authority
for the Island; and.
(b) the Department is the local lighthouse authority for the Island.
71 Pilots

(1) The Department shall provide such pilotage services as it considers need
to be provided to secure the safety of vessels navigating in, or within the
approaches to, a harbour.
(2) The Department may by regulations make such provision as it considers
appropriate —
(a) in relation to the examining and licensing of pilots; and
(b) to prevent unlicensed persons acting as pilots in Manx waters.
(3) Regulations under this section —
(a) may empower the harbour master, in specified circumstances or
for specified purposes, to give directions;
(b) may make provision for their enforcement, including the creation
of offences punishable —
(i) on conviction on information with custody for up to 2
years, or a fine, or both; or
(ii) on summary conviction with custody for up to 6 months,
or a fine of up to £5,000;
(c) may make provision with respect to the liability of officers and
others in respect of offences committed by a body corporate;
(d) may make provision for the review of decisions and actions of the
Department in respect of applications for examination or
licensing;
(e) may make provision for —
Section 72 Harbours Act 2010


Page 46 AT 9 of 2010 c

(i) applications for examination or licensing;
(ii) the conditions subject to which a pilot may be licensed;
(iii) certifying the successful completion of examination and
the licensing of the pilot and the effect of such certification.
(4) Regulations under this section shall not come into operation unless they
are approved by Tynwald.
72 Compulsory purchase of property

(1) The Department may compulsorily acquire property to which this
section applies for the purpose of any of its functions.
(2) Subject to such exceptions, modifications and adaptations as the Council
of Ministers may by order specify, the Acquisition of Land Act 1984 applies
to the compulsory acquisition of property under subsection (1) as it
applies to the compulsory acquisition of land.
(3) An order under subsection (2) shall not come into operation unless it is
approved by Tynwald.
(4) This section applies to —
(a) property (other than land) which is within, or is constructed,
adapted or intended for use within, a harbour; and
(b) any right or interest attaching or relating to that property.
73 Running dry and lowering of water level

(1) The Department may run dry or lower the water level in any harbour.
(2) Where practicable, at least 3 clear days before the Department runs dry
or lowers the water level in any harbour it shall give notice of its
intention to do so —
(a) by affixing a notice in a conspicuous place both at its principal
office and at the harbour affected;
(b) in a newspaper published and circulating in the Island; and
(c) in any other manner the Department considers appropriate.
74 Navigational aids

(1) The Department may, with the prior approval of the Northern
Lighthouse Board —
(a) place and maintain lights, buoys, beacons or seamarks within
harbours and within Manx waters;
(b) remove or discontinue any such light, buoy, beacon or seamark;
or
Harbours Act 2010 Section 75


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(c) vary the character of any such light, buoy, beacon or seamark or
the mode of exhibiting lights in any such, buoy, beacon or
seamark or in any lighthouse.
(2) The Department may provide, install, maintain and operate wireless,
radar and other navigational aids to vessels using a harbour unless, in so
doing, it would contravene any other statutory provision.
75 Facilities for aircraft

The Department may provide facilities for aircraft using harbours and may
make charges for such facilities in accordance with regulations made under
section 38.
76 Restriction on disposal of land

(1) The Department shall not dispose of any land within harbour limits or
forming part of the foreshore of the Island.
(2) Subsection (1) does not apply to —
(a) the letting of any land for a term of 21 years or less;
(b) the letting of any part of the foreshore to a local authority for a
term of 21 years or less;
(c) the disposal of any part of the foreshore to a Department or to the
Manx Museum and National Trust;
(d) a disposal made with the approval of Tynwald; or
(e) the grant of easement, wayleave or profit à prendre.
(3) This section is additional to paragraph 1 of Schedule 1 to the Government
Departments Act 1987.
77 Right to enter or leave harbour

(1) Subject to subsection (2), an officer of the Isle of Man Constabulary or
officer of Customs and Excise, whilst acting in the execution of his or her
duty, has the right, with or without a vehicle, to enter or leave any part
of a harbour.
(2) Unless regulations under subsection (3) otherwise provide, an officer
mentioned in subsection (1) shall notify the harbour master as soon as is
reasonably practicable after the officer enters or leaves the harbour (or
part of it).
(3) The Department may by regulations provide for officers mentioned in
subsection (1) to be subject to notification arrangements in place of those
specified in subsection (2), the terms of which shall be set out in the
regulations.
Section 78 Harbours Act 2010


Page 48 AT 9 of 2010 c

(4) Regulations under subsection (3) may also prescribe circumstances
where the requirement under subsection (2) to notify does not apply.
(5) Before making regulations under subsection (3), the Department must
consult with the Chief Constable and the Collector of Customs and
Excise.
(6) Regulations under subsection (3) shall not come into operation unless
they are approved by Tynwald.
78 Production of books and documents

An officer of Customs and Excise may, for the purpose of obtaining information
necessary for the performance of his or her duties in relation to —
(a) a vessel which has arrived or departed from within harbour
limits; or
(b) the cargo on that vessel,
require the Department to produce for the officer’s inspection all books and
documents relating to the vessel or cargo as that officer reasonably requires and
to permit the officer to take copies of or extracts from those books and
documents.
79 Application of EU instruments
4

(1) The Department may by order apply to the Island as part of the law of
the Island, subject to such exceptions, adaptations and modifications as
may be specified in the order, any provision of an EU instrument (within
the meaning of section 1(1) of the European Communities (Isle of Man) Act
1973) which has effect in the United Kingdom and concerns, directly or
indirectly —
(a) harbours;
(b) harbour use;
(c) harbour management and control;
(d) harbour safety;
(e) harbour security;
(f) navigation within harbours;
(g) harbour works and operations; or
(h) environmental matters affecting harbours.5

(2) An order under subsection (1) may include provision repealing or
amending any provision of any enactment (other than this section) which
is inconsistent with, or is unnecessary or requires modification in
consequence of any EU instrument applied to the Island by the order.6

Harbours Act 2010 Section 80


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(3) An order under subsection (1) may set out the EU instrument applied by
the order, incorporating the exceptions, adaptations and modifications
subject to which it applies to the Island.7

(4) The Department shall, as soon as is practical after the coming into
operation of an order to which subsection (3) applies cause a text to be
prepared of the EU instrument applied by the order, incorporating the
exceptions, adaptations and modifications specified in the order.8

(5) The Department shall supply a copy of the text prepared under
subsection (4) to any person requesting it, at such reasonable charge as
the Department determines.
(6) An order under subsection (1) shall not come into operation unless it is
approved by Tynwald.
80 Implementation of EU obligations
9

(1) Where a provision of an EU instrument has been applied to the Island
under section 79, the Department has the same power to make
regulations in respect of that provision as the Council of Ministers has by
virtue of the power conferred under section 2B of the European
Communities (Isle of Man) Act 1973 for the purposes of implementing an
instrument applied to the Island under section 2A of that Act.10

(2) Regulations under subsection (1) shall be laid before Tynwald as soon as
practicable after they are made and if Tynwald, at the sitting at which the
regulations are laid or at the next following sitting, resolves that they are
to be annulled, they cease to have effect.
81 Application of United Kingdom legislation

[1987/10/11]
(1) The Department may by order apply to the Island as part of the law of
the Island, subject to such exceptions, adaptations and modifications as
may be specified in the order, any legislation of the United Kingdom
which concerns, directly or indirectly —
(a) harbours;
(b) harbour use;
(c) harbour management and control;
(d) harbour safety;
(e) harbour security;
(f) navigation within harbours;
(g) harbour works and operations; or
(h) environmental matters affecting harbours.
Section 82 Harbours Act 2010


Page 50 AT 9 of 2010 c

(2) An order under subsection (1) may include provision repealing or
amending any provision of any enactment (other than this section) which
is inconsistent with, or is unnecessary or requires modification in
consequence of any legislation of the United Kingdom applied to the
Island by the order.
(3) An order under subsection (1) may set out the legislation of the United
Kingdom applied by the order, incorporating the exceptions, adaptations
and modifications subject to which it applies to the Island.
(4) The Department shall, as soon as practical after the coming into
operation of an order to which subsection (3) applies, cause a text to be
prepared of the legislation of the United Kingdom applied by the order,
incorporating the exceptions, adaptations and modifications specified in
the order.
(5) The Department shall supply a copy of the text prepared under
subsection (3) to any person requesting the same, at such reasonable
charge as the Department may determine.
(6) An order made under subsection (1) shall not come into operation unless
it is approved by Tynwald.
82 Public documents

Bye-laws, orders and regulations made under this Act may include such
consequential, incidental, supplementary, transitional, saving and other
provisions as appear to the Department appropriate for the purposes of giving
effect to them.
83 Interpretation

(1) In this Act, except where the context otherwise requires —
“aircraft
” includes seaplanes, helicopters, gliders and balloons;
“charges
” means any charges payable under this Act;
“craft
” means every description of craft or vessel (whether with or without
means of propulsion of any kind), and includes anything constructed or
used to carry persons by water;
“Customs Acts
” means the Customs and Excise Management Act 1986 and any
other enactment relating to customs or excise;
“dangerous goods
” means goods classified as such by the Department in
accordance with section 16;
“Department
” means the Department of Infrastructure;11

“drug
” includes any intoxicant other than alcohol;
“dues
” means any dues chargeable under this Act, including dues in respect of
vessels, goods or passengers;
Harbours Act 2010 Section 83


c AT 9 of 2010 Page 51

“equipment
” in relation to a vessel includes the tackle, apparel and furniture of
such vessel;
“fishing vessel
” for the purposes of section 57(5) means a vessel for the time
being used for or in connection with fishing for sea fish, other than a
vessel used for fishing otherwise than for profit;
“foreign ship
” for the purposes of section 56(2) means a ship which is not a
Manx ship for the purposes of the Merchant Shipping Registration Act
1991;
“foreshore
” means the foreshore between the mean high water mark and the
mean low water mark of ordinary spring tides;
“former owner
” —
(a) in relation to an obstruction, means a former owner who
relinquished or transferred his or her interest in the obstruction
after, in the case of a vessel, the vessel was laid up or became
wrecked or derelict or, in the case of any other obstruction, it was
found to be within the harbour limits or the approaches to a
harbour or on any part of the foreshore or within Manx waters;
(b) in relation to a vessel, property or article which is sold or disposed
of under this Act, means the person who was the owner of the
vessel, property or article immediately prior to its sale or disposal;
“goods
” includes substances, materials or articles and anything in or on which
goods are carried;
“harbour
” includes any —
(a) port;
(b) marina;
(c) banks and foreshore;
(d) harbour basin;
(e) land, premises, structures and facilities (including piers, quays,
wharves, ways, bridges and docks);
(f) waters; and
(g) every point,
within the limits of the harbour as determined in accordance with
section 1 (whether or not it would otherwise fall within the limits of that
harbour);
“harbour master
” means the person appointed by the Department under
section 5(1) and includes a delegate under section 5(2);
“harbour services
” include the provision of —
(a) vessels (including dredgers, tug boats and ferries);
(b) land and buildings (including slipways, berths, wharves,
warehouses, sheds, silos, stores and other structures);
Section 83 Harbours Act 2010


Page 52 AT 9 of 2010 c

(c) plant and machinery (including winches, cranes, weighing and
measuring equipment and tools);
(d) vehicles;
(e) fire-fighting equipment;
(f) ballast; and
(g) such other things or matters as the Department considers to
comprise harbour services;
“harbour user
” means a person who uses the facilities and services of a
harbour;
“infrastructure
” means any infrastructure lawfully installed within harbour
limits or within the approaches to a harbour or on the foreshore
including, but not limited to —
(a) a cable (as defined in section 11 of the
(b) a pipeline (as defined in either section 4 of the Mineral Workings
(Offshore Installations) Act 1988 or in Part III of the Petroleum Act
1998 (an Act of Parliament), as it has effect in the Island);
(c) a fixed platform (as defined in section 9 of the Maritime Security
Act 1995); and
(d) a marine structure (as defined in section 26 of the Water Pollution
Act 1993);
“lifeboat
” means a vessel used or to be used solely for rescue or assistance at
sea, whether or not owned by the Royal National Lifeboat Institution;
“Manx waters
” means any waters within the seaward limits of the territorial sea
adjacent to the Island;
“master
” means a person having command or charge of the vessel in relation to
which that word is used, but does not include a pilot;
“navigation
” includes the control or direction, or participation in the control or
direction, of the course of a vessel;
“Northern Lighthouse Board
” means the Commissioners of Northern
Lighthouses constituted by section 193 of the Merchant Shipping Act
1995 (of Parliament);
“obstruction
” includes —
(a) a vessel laid up as unfit for sea service, its equipment and goods;
(b) a wrecked or derelict vessel, its equipment and goods;
(c) any other article or object which the harbour master reasonably
considers to be an obstruction;
“officer of Customs and Excise
” has the same meaning as the word “officer
” in
the Customs and Excise Management Act 1986;
Harbours Act 2010 Section 83


c AT 9 of 2010 Page 53

“officer of the Department
” means an employee or agent of the Department
and includes the harbour master;
“owner
” —
(a) in relation to goods, includes any consignor, consignee, shipper or
agent for the sale or custody of the goods;
(b) in relation to a vessel which is registered in the Island or
elsewhere, means the registered owner of the vessel;
(c) in relation to an obstruction, means, in the case of a vessel, the
owner of the vessel at the time the vessel was laid up or became
wrecked or derelict or, in the case of any other obstruction, the
owner at the time the obstruction was found to be within harbour
limits or the approaches to the harbour or on any part of the
foreshore or within Manx waters;
“pilot
” means a person not belonging to a vessel who has control of the vessel;
“pleasure craft
” means any craft used for pleasure purposes or hired out for
reward to be used for those purposes;
“public telecommunication system
” has the same meaning as in the
Telecommunications Act 1984, and “operator
”, in relation to a public
telecommunication system, means the person authorised by the relevant
licence under section 5 of that Act to run the system;
“relevant public telecommunications operator
” means the operator of a public
telecommunication system, for the purposes of which any
telecommunication apparatus is kept installed in the harbour or the
approaches to the harbour or on part of the foreshore in the harbour.
“seabed
” means the land seaward of the mean low water of ordinary spring
tides comprising the seabed beneath Manx waters;
“seaman
” includes every person (except a master or a pilot) employed or
engaged in any capacity on board any vessel;
“telecommunication apparatus
” has the same meaning as in the
Telecommunications Act 1984;
“vessel
” means a ship, boat, rig, raft or water craft of any description (whether
with or without means of propulsion of any kind) and includes personal
water craft, pleasure craft, non-displacement craft, hovercraft, other
amphibious vehicles, seaplanes and other aircraft, any other thing
constructed or adapted for floating on or being submerged in water
(whether permanently or temporarily) and anything constructed or used
to carry persons by water.
(2) A reference in this Act to harbour limits shall be construed as a reference
to the limits of a harbour determined in accordance with section 1.
Section 84 Harbours Act 2010


Page 54 AT 9 of 2010 c

84 Savings, transitional provisions, amendments and repeals

(1) The savings and transitional provisions in Schedule 3 have effect.
(2) The enactments in Schedule 4 are amended in accordance with that
Schedule.
(3) The enactments in Schedule 5 are repealed in accordance with that
Schedule.
85 Short title and commencement

(1) This Act may be cited as the Harbours Act 2010.
(2) This Act, other than this section, shall come into operation on such day
or days as the Department may by order appoint and different days may
be appointed for different provisions and for different purposes.12

(3) An order under subsection (2) may make such transitional and saving
provisions as the Department considers necessary or expedient.
Harbours Act 2010 Schedule 1



c AT 9 of 2010 Page 55

SCHEDULE 1

PURPOSES FOR WHICH BYE-LAWS MAY BE MADE

Section 1(4) and 4
PART 1 - GENERAL

1. For regulating the use of harbours and harbour facilities.
2. For regulating the exercise of the powers of the harbour master and other
harbour officials.
3. For regulating the admission of vessels into harbour limits or the vicinity of
such limits and their removal from such limits or vicinity, and for the good order and
government of vessels within harbour limits.
4. For regulating the shipping and unshipping, loading, warehousing, stowing,
depositing and removal of goods within harbour limits.
5. For regulating the cleaning and maintenance of harbours and their approaches.
6. For regulating the duties and conduct of all persons employed within harbour
limits other than officers of the Isle of Man Constabulary or officers of Customs and
Excise acting in exercise of their duty.
7. For regulating harbour safety.
8. For regulating the use of lights in harbours.
9. For preventing the obstruction of and interference with traffic within harbour
limits.
10. (1) For regulating the provision of harbour services by the Department and
others in such manner and upon such terms as the Department considers proper.
(2) For licensing such persons as the Department considers proper to
provide harbour services.
11. For preventing vessels being used by incompetent persons in harbours or in
Manx waters.
12. For preventing damage to property belonging to, or under the control of, the
Department.
13. For regulating and enforcing the collection and payment of dues and other
charges under this Act.
Schedule 1 Harbours Act 2010


Page 56 AT 9 of 2010 c

14. For prescribing the fees to be charged upon the issue of any licence, permit or
authority under bye-laws.
15. (1) In respect of vessels to which this paragraph applies —
(a) for requiring the marking of fishing gear, nets and other
equipment;
(b) for requiring the marking of equipment, other than fixtures, used
on board such vessels; and
(c) for prescribing requirements as to the method of marking such
gear, nets and equipment.
(2) This paragraph applies to —
(a) fishing vessels registered in the Isle of Man under Part III of the
Merchant Shipping Registration Act 1991; and
(b) such other vessels as the Department may specify.
PART 2 - NAVIGATION

16. For providing that the master or owner of a vessel within harbour limits shall
regulate the vessel according to the directions of the harbour master.
17. For providing that when a vessel enters within harbour limits, the master or
owner of the vessel shall inform the harbour master of any intention to dismantle,
break up or carry out major modifications to the vessel and for providing that the
harbour master may give directions as to how, when and where that work is to be
carried out.
18. For requiring vessels entering into or departing from harbour limits to keep to
the proper and usual side of any navigable channel.
19. For regulating the speed of vessels within harbour limits or within any specified
portion of such limits or in any special circumstances.
20. For requiring vessels within harbour limits to stop or slow their engines at
specified times or places and for regulating the taking on board, landing or putting
down of passengers.
21. For the berthing and removing of vessels lying within harbour limits.
22. For regulating the conduct and behaviour of harbour users and other persons
within harbour limits, with different regulations capable of being applied —
(a) within harbour limits; and
(b) between those areas of a harbour to which the public has access
without the permission of the Department and those areas to
which the public does not have such access.
Harbours Act 2010 Schedule 1



c AT 9 of 2010 Page 57

23. For specifying the time and conditions (including the employment of persons
and other resources and the compliance with operational safety measures as the
harbour master considers appropriate) under which vessels may be manoeuvred
within harbour limits and for preventing other vessels from casting loose or from
manoeuvring in any navigable channel or other place within harbour limits.
24. For requiring vessels that may happen to take the ground in a navigable channel
within harbour limits to adopt and exercise all reasonable precautions by the stationing
of a look-out, the use of flags and appropriate signals and otherwise to the satisfaction
of the harbour master or as may be specified.
25. For requiring the master or owner of a vessel casting anchor within harbour
limits to cause a buoy to be fastened to the anchor so that it is plainly seen where the
anchor is cast.
26. For providing that no vessel or other thing may be attached to a buoy within
harbour limits or otherwise within Manx waters other than to a designated mooring
buoy.
PART 3 - CONTROL OF HARBOUR

27. For preventing and removing obstructions or impediments within harbour
limits.
28. For regulating the movement of persons, vehicles and animals within harbour
limits.
29. For requiring the master or owner of a vessel within harbour limits to moor,
unmoor, place or remove the vessel according to the directions of the harbour master
or, if there is no person on board the vessel, to attend to such directions, for authorising
the harbour master to cause the vessel to be moored, unmoored, placed or removed as
the harbour master considers appropriate.
30. For providing that a vessel, except with the permission of the harbour master,
shall not lie or be moored —
(a) within harbour limits;
(b) outside harbour limits but within the vicinity of a harbour;
(c) at and around the entrance to a harbour (whether or not within
harbour limits).
31. For requiring vessels to be furnished with such gangways, planks, hand rails
and other appliances as the harbour master may consider necessary.
32. For providing that the master or owner of a vessel entering harbour limits for
the purpose of discharging or loading cargo shall cause the vessel to be discharged or
Schedule 1 Harbours Act 2010


Page 58 AT 9 of 2010 c

loaded as soon as practicable after entry and shall, after discharging or loading, remove
the vessel to such part of any harbour as the harbour master may direct.
33. For specifying the time during which goods unshipped or waiting to be shipped
may remain within harbour limits, and providing for the removal or disposal of goods
which are not removed after the expiration of that time.
34. For specifying how goods are to be placed within harbour limits.
35. For prohibiting goods being placed within harbour limits so as to interfere with
the mooring or berthing of vessels or so as to impede traffic.
36. For preventing unauthorised cutting, breaking and destroying of the moorings
or fastenings of vessels within harbour limits.
37. For preventing the unauthorised opening or shutting of swing bridges (or other
moving or movable bridges), dock gates, or sluices within harbour limits.
38. For prohibiting, without the prior consent of the harbour master, the building or
repairing of any vessel within harbour limits.
39. For providing that the harbour master may remove loiterers, disorderly persons
and nuisances from within harbour limits.
40. For specifying conditions (to be in addition to and not in derogation of the
provisions of any enactment) under which dangerous goods (including dangerous or
combustible substances) shall be brought, shipped, handled, deposited, kept or
transported within harbour limits.
41. For specifying conditions (to be in addition to and not in derogation of the
provisions of any enactment) under which any mineral hydrocarbon light oils shall be
brought, shipped, handled, deposited, kept or transported within harbour limits.
42. For regulating the use of tramways and sidings within harbour limits and any
associated works and for preventing obstruction, interference, injury or damage to any
passing traffic.
43. For regulating the ballasting of vessels within harbour limits or within Manx
waters and the order and manner in which vessels shall be supplied with ballast and
the discharging, removal and disposal of ballast.
44. For preventing or otherwise regulating smoking in or on any vessel within
harbour limits or in any specified place within harbour limits.


Harbours Act 2010 Schedule 2



c AT 9 of 2010 Page 59

SCHEDULE 2

RESTRICTIONS ON ALCOHOL AND DRUGS

Section 62
Provision Description Modification
Road Traffic Act 1985
Section 5B Breath tests In place of subsections (1) and (2), the power to
require a person to provide a specimen of breath for
a breath test shall apply where —
(a) a constable in uniform reasonably suspects that
the person is committing an offence under
section 57, 58 or 59;
(b) a constable in uniform reasonably suspects that
the person has committed an offence under
section 57, 58 or 59 and still has alcohol or a drug in
his or her body or is still under the influence of a
drug; or
(c) an accident occurs owing to the presence of a ship
in a public place and a constable reasonably suspects
that the person was at the time of the accident a
person to whom section 57, 58 or 59 applied.
Section 6 Provision of
specimens
In subsection (1), the reference to an offence under
section 3A, 5 or 5A of the 1985 Act shall be treated as
a reference to an offence under section 57, 58 or 59 of
this Act.
In subsection (3)(d), the reference to an offence
under section 3A or 5 of the 1985 Act shall be treated
as a reference to an offence under section 57(2), 58(2)
or 59(2) of this Act.
Section 7 Choice of
specimen of
breath

Section 7A Protection for
hospital patient

Schedule 2 Harbours Act 2010


Page 60 AT 9 of 2010 c

Provision Description Modification
Section 7B Detention of
person affected
by alcohol or a
drug
In subsection (1)
(a) the reference to driving or attempting to drive a
mechanically propelled vehicle on a road shall be
treated as a reference to exercising a function in
connection with the navigation or operation of a
ship, and
(b) the reference to an offence under section 5 or 5A
of the 1985 Act shall be treated as a reference to an
offence under section 57, 58 or 59 of this Act.
In subsection (2), the reference to driving a
mechanically propelled vehicle shall be treated as a
reference to exercising a function in connection with
the navigation or operation of a ship.
In subsection (3), the reference to driving properly
shall be treated as a reference to exercising a
function in connection with the navigation or
operation of a ship.
Section 7C Use of specimens In subsection (1), the reference to an offence under
section 3A, 5 or 5A of the 1985 Act shall be treated as
a reference to an offence under section 57, 58 or 59 of
this Act.
The relevant time for the consumption of alcohol for
the purpose of subsection (3)(a) shall be before
providing the specimen and after the time of the
alleged offence.
In subsection (3)(b), the reference to driving shall be
treated as a reference to exercising a function in
connection with the navigation or operation of a
ship.
Section 7D Documentary
evidence

Section 7DA Specimens of
blood taken from
persons incapable
of consenting
Subsection (1)(b) does not apply.
Section 7E Interpretation For the definition of the prescribed limit’, substitute
the definition given in section 60 of this Act.


Harbours Act 2010 Schedule 3



c AT 9 of 2010 Page 61

SCHEDULE 3

SAVINGS AND TRANSITIONAL PROVISIONS

Section 84(1)
(1) Nothing in this Act affects any interest, jurisdiction, right, power or
remedy of the Crown except where this Act expressly otherwise provides.
(2) Bye-laws made under the Isle of Man Harbour Acts, 1872 to 1911 (of
Parliament), the Harbours (Douglas Bridge) Act 1894 or the Harbours (Isle of Man) Act
1961 which were in operation immediately before the passing of this Act remain in
operation and are deemed to have been made under this Act.
(3) Nothing in this Act affects —
(a) the provisions of the Customs and Excise Management Act 1986 and
any enactment amending or construed with that Act, whether
passed before or after this Act;
(b) the exercise by the Department or any person authorised by the
Department of any of the powers conferred on it under the Oil
Pollution Act 1986;
(c) the performance by a receiver of wreck or by any officer or person
who acts for a receiver of wreck of any of the functions conferred
on such person under the Wreck and Salvage (Ships and Aircraft) Act
1979; or
(d) any statutory provision relating to merchant shipping.
(4) The Department continues to have the functions it had immediately
before the commencement of this Act.


Schedule 4 Harbours Act 2010


Page 62 AT 9 of 2010 c

SCHEDULE 4

CONSEQUENTIAL AMENDMENTS

Section 84(2)
[Sch 4 amends the following Acts —
Sea-Fisheries Act 1971 q.v.
Merchant Shipping (Detention of Ships) Act 1979 q.v.
Shipping Casualties (Inquiries, Investigations and Reports) Act 1979 q.v.
Oil Pollution Act 1986 q.v.
High Court Act 1991 q.v.
Post Office Act 1993 q.v.
Maritime Security Act 1995 q.v.
Police Powers and Procedures Act 1998 q.v.
Tribunals Act 2006 q.v.]
[Ed. note: Sch 4 also amends the Orders and Regulations shown below, which
do not form part of this database.]
Merchant Shipping (Safety Provisions)(Application) Order 1985 (G.C. 38/85)
4. In Part II of Schedule 12, for ‘section 1 of the Harbours (Isle of Man) Act 1961’
substitute ‘section 83 of the Harbours Act 2010’.
Department of Highways, Ports and Properties Order 1986 (G.C. 190/86)
6. In Schedule 2, for ‘Harbours (Isle of Man) Act 1961 (XIX p.538)’ substitute
‘Harbours Act 2010’.
Merchant Shipping (Prevention of Oil Pollution) (Reception Facilities) Order 1986
(G.C. 215/86)
7. In article 1(2), in the definition of ‘harbour’, for ‘Harbours (Isle of Man) Act
1961’ substitute ‘Harbours Act 2010’.
Merchant Shipping (Weighing of Goods Vehicles and Other Cargo) Regulations 2001
(S.D. 813/01)
12. In regulation 2, in the definition of ‘harbour’, for ‘Harbours (Isle of Man) Act
1961’ substitute ‘Harbours Act 2010’.


Harbours Act 2010 Schedule 5



c AT 9 of 2010 Page 63

SCHEDULE 5

CONSEQUENTIAL REPEALS

Section 84(3)
[Sch 5 repeals the following Acts wholly —
Harbours (Isle of Man) Act 1961
Registration of Pleasure Craft Act 1974
Harbours (Isle of Man) (Amendment) Act 1974
Harbours (Amendment) Act 1984
Harbours (Amendment) Act 1989
Harbours (Amendment) Act 1994
and the following Acts in part —
Wreck and Salvage (Ships and Aircraft) Act 1979
Telecommunications Act 1984
Treasury Act 1985
Customs and Excise Management Act 1986
Statute Law Revision Act 1989
Civil Service Act 1990
Value Added Tax Act 1996
Statute Law Revision Act 1997.]
[Ed. note: Sch 5 also amends the Orders shown below, which do not form part
of this database.]

Reference Short Title Extent of repeal
G.C. 190/86 Department of Highways, Ports and
Properties Order 1986
In Schedule 2, the entry relating
to the Registration of Pleasure
Craft Act 1974.
In Schedule 5, paragraphs 13
and 27 and the respective cross-
headings.
G.C. 55/88 Transfer of Functions (Governor in
Council) Order 1988
In Schedule 2, paragraph 8 and
the cross-heading.
G.C. 155/91 Transfer of Functions (Governor in
Council) Order 1991
In Schedule 2, paragraph 15 and
the cross-heading.

Harbours Act 2010 Endnotes


c AT 9 of 2010 Page 65

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (d) amended by SD514/11 effective 1/8/2011. 2
Subs (7) amended by SD514/11 effective 1/8/2011. 3
Para (d) amended by SD514/11 effective 1/8/2011. 4
S 79 heading amended by SD0606/12. 5
Subs (1) amended by SD0606/12. 6
Subs (2) amended by SD0606/12. 7
Subs (3) amended by SD0606/12. 8
Subs (4) amended by SD0606/12. 9
S 80 heading amended by SD0606/12. 10
Subs (1) amended by SD0606/12. 11
Definition of ‘Department’ amended by SD514/11 effective 1/8/2011. 12
ADO (whole Act, except Part 5 and Sch 2): 1/8/2011 (SD646/11).