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Arrangement of Clauses (Contents)

Colchester Borough Council Bill [HL]


The Bill is promoted by Colchester Borough Council. It provides for the Council to close certain commercial harbour facilities and to cease to be the harbour authority for the harbour of Colchester.

Clause 1 recites the short title of the Bill.

Clause 2 sets out the definitions in the Bill.

Clause 3 makes provision for the prohibition, on a day to be appointed by the Council, of use of land abutting the River Colne between the Haven Bridge in Colchester and Ballast Quay in the parish of Fingringhoe for the purposes of the loading or unloading of cargoes and the embarking and disembarking of passengers to or from any vessel in the River. Provision is also made for the Council to cease to be the harbour authority for the harbour. After the day appointed by the Council, the Council is authorised to dismantle, demolish and remove all property owned by the Council and sell the same together with any land owned by the Council as the former harbour authority. The clause does not affect the status of the Council as owner of the bed of the River Colne, prevent the landing of fish from any fishing vessel, affect the operation of the seasonal ferry between Wivenhoe, Rowhedge and Fingringhoe, prevent the use of Ballast Quay for the shipment of certain minerals or prevent the embarking, etc. of persons to or from pleasure craft, sailing barges or vessels in the service of certain public bodies, nor does it affect the operation of the harbour undertaking of the Brightlingsea Harbour Commissioners.

Clause 4 sets out the manner in which the Council may appoint a day to be the appointed day for the purposes of the Bill.

Clause 5 provides for the jurisdiction of the Brightlingsea Harbour Commissioners in respect of pilotage functions to be extended to cover certain areas of the River Colne and for those Commissioners to be the local lighthouse authority for those areas and to levy charges in respect of such functions.

Clause 6 provides a saving for byelaws made by the Council relating to pleasure boats and for such byelaws to cease to have effect upon the confirmation by the Secretary of State of new byelaws made by the Council and Tendring District Council.

Clause 7 provides for the Council to pay compensation in accordance with the provisions of the Land Compensation Act 1961 to any person who on 26 November 1999 was carrying on a harbour business which included the exercise of a right to use land that is incapable of being exercised as a result of clause 3(1). Any dispute as to the level of compensation to be paid is to be settled by the Lands Tribunal and any dispute as to whether a person is entitled to compensation is to be determined by arbitration.

Clause 8 and Schedule 1 sets out the agreement between the Council and Brightlingsea Harbour Commissioners for the continuing provision by the Commissioners of pilotage and navigational aids in that part of the River upstream of the site of No. 42 Buoy, Wivenhoe and the seaward limits of the harbour of Colchester.

Clause 9 and Schedule 2 specify certain enactments that are repealed in consequence of the powers sought in the Bill.


Graham White, Director of Administration, Colchester Borough Council, has made the following statement on behalf of the Council:

In my view the provisions of the Colchester Borough Council Bill are compatible with the Convention rights.

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