Harbours Act 1964
What this means for your business
- Enforced by
- DVSA, CAA, MCA, National Highways, ORR
- Applies to
- United Kingdom
- On this page
- 9 compliance obligations, 1 practical guide
What you must do
9 compliance obligations under this legislation — 2 can result in imprisonment.
Management duties 2
Publish and manage harbour directions according to statutory procedure
If you run a harbour, you must put any harbour direction in writing, consult the users you think should be involved, and give the public at least 28 days to see the proposal before it is made official. Once the direction is issued you must make it available for inspection, supply copies on request (you may charge for them) and promptly place a notice in a shipping‑industry newspaper showing that the direction has been given and how people can view or obtain it.
Serve documents to and pay the Diocesan Board for ecclesiastical land
If you are applying for a harbour order (e.g., a harbour revision or empowerment order) that involves land owned by the Church of England, you must send a copy of any required document to the Diocesan Board of Finance for that diocese. You also need to make sure any compulsory acquisition payment or compensation for that land is paid to the Diocesan Board and that the order is drafted to treat the land as belonging to the Board.
Other requirements 2
Apply for a harbour empowerment order when you need extra powers
If your business wants to improve, build or manage a harbour (or related dock, wharf or waterway) and you do not already have the necessary legal powers, you must put in a written application to the relevant Minister. The application must set out the powers you need, and if you are asking for compulsory land acquisition or the diversion/extinguishment of a footpath, you must attach a detailed map.
Comply with any directions on delegated harbour functions
If a harbour authority or other body gives you written directions on how to carry out functions that have been delegated to you, you must follow those directions. The authority must also publish the direction so anyone affected can see it.
Offences and prohibitions 4
Corporate liability for offences with director's consent or neglect
If your harbour‑related company commits any offence under the Harbours Act and a director, manager, secretary or similar officer either approved it, turned a blind eye, or was negligent, both the company and that individual can be prosecuted. They will face whatever penalty applies to the underlying offence.
Fail to comply with direction on harbour charges
Fine up to £2,500If a harbour authority does not follow a written direction from the Secretary of State (or the Minister of Agriculture, Fisheries and Food for fishery harbours) about ship, passenger or goods dues, it commits a criminal offence. On conviction in the Magistrates' Court the authority can be fined up to £2,500. No prison term is provided for this offence.
Fail to ensure compliance with harbour directions
Fine up to £2,500If you are the master of a ship you must make sure any harbour directions are followed. Breaking those directions without a reasonable excuse is a criminal offence. On conviction in the magistrates' court you could be fined up to £2,500.
Fail to provide information or forecasts when required
2 years imprisonmentIf the Secretary of State serves you with a written notice asking for information or forecasts about a harbour you manage or operate, you must supply it as the notice specifies. Failing to do so (without a reasonable excuse) is a criminal offence. On summary conviction you can be fined up to £2,500.
Reporting and filing 1
Prepare and send annual harbour accounts and related reports
If your business is a statutory harbour undertaker you must draw up a separate annual set of accounts for all harbour‑related activities (and group accounts if you have subsidiaries). The accounts must be audited and a copy, together with the auditor’s report and a separate state‑of‑affairs report, must be sent to the Secretary of State each year.
Penalties for non-compliance
6 penalties under this legislation. 2 can result in imprisonment. 2 carry an unlimited fine.
Disclose restricted harbour information
Unlimited fine and/or 2 years imprisonment
Provide false information to harbour authorities
Unlimited fine and/or 2 years imprisonment
Fail to comply with direction on harbour charges
Fine up to £2,500
Fail to ensure compliance with harbour directions
Fine up to £2,500
Fail to provide information or forecasts when required
Fine up to £2,500
Corporate liability for offences with director's consent or neglect
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
70 classified provisions from this legislation.
Duties 8
- s.16 Ministers’ powers, on application of intending undertakers, or others, to make orders conferring powers for improvement, construction, &c., of harbours.
- s.17 Procedure for making harbour revision and empowerment orders, and substitution thereof, in general, for provisional orders.
- s.27 Certain charges of certain harbour authorities to be reasonable.
- s.40B Procedure
- s.42 Accounts and reports relating to harbour activities and associated activities. statutory harbour undertaker
- s.42B Directions as to performance of delegated functions
- s.48A Environmental duties of harbour authorities. a harbour authority in …
- s.49 Provisions as to ecclesiastical property.
Offences and penalties 6
Powers 16
- Schedule 2 Objects for whose Achievement Harbour Revision Orders may be made
- s.11 Loans for execution of harbour works, &c.
- s.15A Ministers’ powers to make orders about port appointments.
- s.15 Ministers’ powers to make, of their own motion, orders for limited purposes for securing harbour efficiency, &c.
- s.17F Supplemental
- s.17E Harbour closure orders: devolution
- s.17A Power to make closure order
- s.17B Content of closure order
- s.17C Harbour closure orders: property etc
- s.18 Harbour reorganisation schemes.
- s.26 Repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them.
- s.27A Combined charges.
- s.40 Conditions as to use of harbour services and facilities provided by certain harbour authorities.
- s.40A Directions
- s.44 Limitation of right to challenge harbour revision orders, etc., in legal proceedings.
- s.60 Power to amend Acts of local application.
Definitions 8
- Schedule 3 PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951; - “the Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; - “official website” means a website maintained by or on behalf of the Secretary of State; - “official website” means a website maintained by or on behalf of the Scottish Ministers; - “project means a project which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location; - “selection criteria
- s.38 Repeal of certain enactments relating to harbour charges.
- s.42D Consent of Secretary of State required for certain orders and schemes
- s.42C Consent of Welsh Ministers required for certain orders and schemes
- s.48 Service of documents.
- s.50 Reckoning of periods.
- s.57 Interpretation.
- s.58 Drainage and river authorities not to be harbour authorities for purposes of this Act if not possessing exceptional powers.
Exemptions 8
- s.14 Ministers’ powers, on application of harbour authorities, or others, to make orders for securing harbour efficiency, &c.
- s.19 Compensation for loss of office, &c., in consequence of orders and schemes under foregoing provisions.
- s.30 Duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges.
- s.36 —
- s.37 Special provisions with respect to certain aviation charges.
- s.42A Power to make orders delegating functions
- s.47 Provisions as to inquiries and hearings.
- s.52 Application of Act to Crown.