Broads Authority—continued
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9.Master's responsibility in relation to vessels

The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, to persons on board the vessel, to the cargo or to any other person or property.

10.Directions as to loading or unloading of vessels, etc.
(1)The Authority may designate any part of the navigation area for the loading and unloading of any goods to which this section applies.
(2)Where pursuant to subsection (1) the Authority has designated a place for the loading or unloading of goods of any description the navigation officer may direct that goods of the description, intended to be loaded onboard or unloaded from a vessel, shall not be deposited or received elsewhere than at the place so designated.
(3)If any person disobeys a direction given under subsection (2)—
(a)the Authority may remove the goods to the place so designated and recover the expenses incurred by them in so doing from that person;
(b)the removal shall be at the risk of that person.
(4)A person acting on behalf of the Authority who removes goods in accordance with subsection (3) may remove any equipment which is provided for the handling of the goods.
(5)The goods to which this section applies are goods which are loaded or unloaded in connection with any trade or business, goods in bulk and goods the nature or character of which is such as, in the opinion of the Authority, to give rise to special risk of pollution, contamination, taint, stain, injury or danger to other goods or to persons, property or water or to necessitate the provision of special facilities for the handling thereof or for the safety, protection, welfare or accommodation of persons employed in, or in connection with, such handling.
(6)Nothing in this section shall authorise the Authority to prevent or restrict the lawful use of any staithe within the meaning of section 25 of the 1988 Act.

Safety of vessels, etc.

11.Byelaws for registration of vessels
(1)In this section—

"the byelaws" means any byelaws made or deemed to be made under this section and for the time being in force;

"receipt" means any document, disc, badge or mark issued by the Authority in respect of a vessel under the byelaws to indicate that the appropriate fee has been paid for the vessel in accordance with the byelaws for the period covered by the receipt;

"the relevant sections" means section 12 (construction and equipment standards) and section 14 (vessels: insurance requirements) of this Act;

and references to registration are references to the registration of a vessel under the byelaws.

(2)The Authority may make byelaws for the purpose of providing for the registration of vessels in the navigation area or on adjacent waters, and for the determination and recovery of tolls in respect of vessels moored, used or navigated in the navigation area or on adjacent waters.
(3)Where any such byelaws are made, the Authority shall set up and maintain the necessary register.
(4)The byelaws may in particular—
(a)provide for the registration of vessels under different categories;
(b)make provision as to the display on registered vessels of registration documents or numbers;
(c)provide for the exemption of prescribed vessels or classes of vessels from the requirement to register under the byelaws;
(d)prescribe the period for which any registration is to remain effective; and
(e)determine the procedure to be followed in registering.
(5)The Authority may require an applicant for registration, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application; and different fees may be specified in relation to different cases or classes of case.
(6)The Authority may require an applicant for registration, in the case of a vessel which falls within a category designated under section 12(2) or section 14(1), to submit with his application—
(a)evidence of compliance with section 12 (whether in the form of an original document, or a copy);
(b)the insurance certificate relating to the vessel, or a copy of it, or other evidence which in the opinion of the Authority is sufficient to show that a policy complying with the requirements of Schedule 2 is in force; and
(c)such other information relating to the vessel as may be reasonably required by the Authority.
(7)The evidence referred to in subsection (6)(b) may if the Authority sees fit consist of a declaration in writing by the applicant in a form prescribed by the Authority to the effect that the policy is in force.
(8)Where any person tenders the appropriate fee for registering any vessel under the byelaws, the Authority shall register the vessel in accordance with the provisions of the byelaws unless it appears to it that any requirement made by or under the byelaws or the relevant sections has not been complied with in respect of that vessel.
(9)Where the Authority refuses to register a vessel on any ground such as is mentioned in subsection (8), it shall notify the applicant in writing of the matters which gave rise to the refusal to register.
(10)Where the Authority is satisfied that a vessel does not comply with any requirement of the relevant sections, it may cancel the registration of that vessel if—
(a)it has given the owner written notice of the non-compliance in question and required him to remedy it within 14 days of the date on which the notice is given; and
(b)that period has expired without the non-compliance being remedied;

but where the Authority considers that it is necessary to cancel the registration as a matter of urgency, it may do so with effect from the date on which the notice is given.

(11)The Authority shall give reasons for any decision under subsection (10) to cancel the registration of a vessel.
(12)(a)   Any person who is aggrieved by the refusal of the Authority to register a vessel under the byelaws, or by the cancellation of such registration, may appeal to a magistrates' court.

(b)   On an appeal to it under this subsection the court may dismiss the appeal, or give such direction to the Authority as it thinks fit.

(c)   On such an appeal the decision of the court shall be final.

(d)   This subsection does not confer a right of appeal in relation to any question which in accordance with this Act is to be determined by the standards appeals panel.

(13)Paragraphs 7 and 8 of Schedule 5 to the 1988 Act shall apply to byelaws made under this section as they apply to byelaws made under section 10(3) of the 1988 Act.
(14)The Broads Authority Vessel Registration Byelaws 1997 (other than byelaws 23 and 28) shall be deemed to have been made under this section, and shall have effect as though the references in those byelaws to the "navigation area" included adjacent waters.
12.Construction and equipment standards
(1)As from the appointed day the Authority may from time to time impose in relation to vessels in the navigation area or on adjacent waters such standards and specifications relating to construction and equipment as may be identified by a scheme made for the purposes of ensuring safety or preventing noise or pollution and which is for the time being in force and published by the Authority or another person.
(2)Different standards may be imposed by the Authority under this section in relation to different categories of vessels and in relation to different parts of the navigation area or any adjacent waters.
(3)Any standards imposed by the Authority may include requirements as to the maintenance, use and operation of appliances, fittings and equipment on a vessel and may extend to anything which is only temporarily installed or used on a vessel.
(4)The requirements of subsection (1) do not apply in relation to a vessel to the extent that the vessel is excluded from those requirements by any exemption granted by the Authority and for the time being in force.
(5)The Authority may exempt any vessel from the requirements of subsection (1) to such extent and upon such terms and conditions as it may determine if, having regard to all the circumstances, it considers that the application of those requirements is not justified in the interests of safety or preventing noise or pollution.
13.Standards appeals panel
(1)A panel, referred to in this Act as "the standards appeals panel", shall be established and operate in accordance with the provisions of Schedule 1.
(2)The standards appeals panel is to determine—
(a)any question as to whether a vessel complies with any standard which is determined under section 12 and which is applicable to the vessel;
(b)any question as to whether any standard determined under section 12 is applicable to the vessel; and
(c)any question as to the reasonableness of a standard imposed under section 12

if the question is the subject of an application made in accordance with subsection (3).

(3)An application to refer a question to the standards appeals panel must be made in writing to the Authority and signed by—
(a)the owner of the vessel, in the case of a question arising under subsection (2)(a) or (b); and
(b)not less than six persons, each of which is the owner of a vessel to which this section applies, in the case of a question arising under subsection (2)(c).
14.Vessels: insurance requirements
(1)The Authority may from time to time designate categories of vessels to which this section is to apply.
(2)The owner or master of a vessel to which this section applies shall not keep, let for hire or use the vessel in the navigation area or on adjacent waters unless there is in force in relation to the vessel a policy of insurance complying with the requirements of Schedule 2.
(3)The requirements of subsection (2) do not apply in relation to a vessel to the extent that the vessel is exempt by the Authority from those requirements.
15.Offences as to standards and insurance requirements
(1)The owner or master of a vessel who without reasonable excuse and (in the case of a master of a vessel who is not also the owner) knowingly—
(a)keeps, lets for hire or uses a vessel in the navigation area or on adjacent waters which does not comply with any standards applicable to the vessel; or
(b)contravenes the requirements of section 14(2), as to insurance policies

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2)It shall be a defence for the owner or master of a vessel charged with an offence under subsection (1) to prove that he had taken all reasonable precautions and exercised due diligence to avoid the commission of any such offence.

Other provisions as to vessels

16.Entry on and inspection of vessels
(1)An authorised officer who if so required produces written evidence of his authority may board any vessel in the navigation area or on adjacent waters for the purpose of—
(a)ascertaining whether any requirement made by or by virtue of any provision contained in or applied by this Act (other than section 8), or any byelaw made under or deemed to be made under this Act is being complied with; or
(b)determining whether any power or duty which is conferred or imposed by or by virtue of any of those provisions should be exercised or performed; or
(c)exercising or performing any such power or duty.
(2)An authorised officer who boards any vessel pursuant to this section may—
(a)carry out such inspections, measurements and tests of or in relation to the vessel or of any article found on the vessel;
(b)take away such samples of any article or substance,

as are reasonably necessary for any purpose mentioned in subsection (1).

(3)Section 173 of and Schedule 20 to the 1991 Act shall apply with all necessary modifications to the powers of entry which are conferred by subsection (1) as though for references to the Agency there were substituted references to the Authority.
(4)The master of any vessel subject to boarding and inspection under subsection (1) shall provide reasonable facilities for the boarding, inspection and measuring of the vessel and for the exercise by the authorised officer of the powers of subsection (2).
(5)For the purposes of any inspection under this section, the master of the vessel shall cause the whole of any installation forming part of or on the vessel to be made available for inspection.
(6)The Authority, if requested so to do by the owner or master of a vessel which is boarded under this section, shall provide a full report of the findings of the authorised officer who boarded the vessel within 28 days of the boarding.
(7)Subject to subsection (8) the costs incurred by the Authority under this section shall be borne by the Authority.
(8)If as a result of the exercise of the powers of this section in relation to a vessel it is established that the vessel fails materially to comply with any standard applicable to the vessel, the costs incurred by the Authority in exercising those powers shall be borne by the owner.
(9)Any person who intentionally obstructs an authorised officer acting in accordance with this section or contravenes any requirement of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
17.Meaning of "unsafe vessel"

For the purposes of this Act a vessel is unsafe if—

(a)the vessel does not comply with any standards applicable to the vessel; or
(b)a person has been convicted of an offence under this Act, or the 1988 Act, or any byelaw of the Authority, in respect of the vessel,

and the Authority is satisfied that the non-compliance or the circumstances which resulted in the conviction, as the case may be, continues or continue to give rise to a danger to any person or to any property, or risk of pollution.

18.Powers as to unsafe vessels, etc.
(1)An authorised officer may require the master of any unsafe vessel in the navigation area or on adjacent waters—
(a)to remove the vessel to a place either within or outside the navigation area or adjacent waters; and
(b)where reasonably practicable, to carry out such works to the vessel, or to take such other action, as will remove any imminent danger to the safety of any person or property on or near the vessel, or any imminent risk of pollution.
(2)An authorised officer who boards a vessel pursuant to section 16 may if the vessel is unsafe carry out such works or take such other action as is referred to in subsection (1)(b); and the Authority may recover the costs so incurred from the owner of the vessel.
(3)The master of a vessel who without reasonable excuse fails to comply with a requirement made under subsection (1) and any person who intentionally obstructs an authorised officer acting under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
19.Removal of unsafe vessels, etc.
(1)The Authority may exercise the powers of this section in relation to any unsafe vessel in the navigation area or on adjacent waters.
(2)The Authority may relocate the vessel on, or remove it from, the navigation area or adjacent waters; and may store the vessel.
(3)Not less than 28 days before removing a vessel under subsection (2), the Authority, unless it exercises its powers in an emergency, shall—
(a)give the owner of the vessel notice in writing of its intention to do so; and
(b)affix a copy of the notice to the vessel, or display it in a conspicuous place in the vicinity of the vessel and take reasonable steps to ensure that the notice remains in position for a period of 28 days.
(4)Subsection (3)(a) shall not apply where the Authority has used all reasonable endeavours to notify the owner of the vessel concerned but has been unable to do so.
(5)Subject to subsection (9) a vessel relocated or removed by the Authority under this section shall vest in the Authority upon the issue by the Authority of a certificate ("the vesting certificate").
(6)The vesting certificate—
(a)may be issued not less than three months after the date of the notice given by the Authority in respect of the vessel under subsection (3), or where subsection (4) applies, three months after the date of relocation or removal of the vessel;
(b)shall be served on the owner (except in the circumstances referred to in subsection (4)) and displayed at or near the place from which the vessel was removed; and
(c)shall be displayed at the principal office of the Authority.
(7)Subject to subsection (9) and following the issue of the vesting certificate the Authority may deal with the vessel as it thinks fit including the disposal or destruction of the vessel.
(8)The Authority may recover from the owner of any vessel relocated or removed under this section all expenses reasonably incurred by the Authority in respect of the relocation, removal, storage, disposal and destruction of the vessel, including all administrative and legal costs reasonably incurred by the Authority in the exercise of those powers or in connection with any legal proceedings brought by the Authority in relation to the vessel.
(9)If within 24 months of the date of the issue of the vesting certificate, a claim is made to the vessel by a person who subsequently proves to the satisfaction of the Authority that he is its owner, then the Authority shall—
(a)if the vessel is unsold and upon payment of the expenses referred to in subsection (8), permit that person to retake it;
(b)if it has been sold, pay to that person the amount of the proceeds of such sale after deducting the said expenses and, if those proceeds are insufficient to reimburse the Authority those expenses, the deficiency may be recovered from that person by the Authority.
(10)Subsection (9)(a) shall not apply to anything attached to or carried in or on the vessel which has been proved to the Authority's satisfaction to belong to another.
(11)If the Authority satisfies the court that it is entitled to sell a vessel removed under this section the court may—
(a)authorise the sale of the vessel subject to such terms and conditions, if any, as may be specified by the court; and
(b)may authorise the Authority to deduct from the proceeds of sale any costs of sale and any amount due from the owner of the vessel to the Authority in respect of the vessel;
(c)may direct the payment into court of the net proceeds of sale, less any amount deducted under paragraph (b), to be held to the credit of the owner of the vessel.
(12)A decision of the court authorising a sale under subsection (11) shall, subject to any right of appeal, be conclusive, as against the owner, of the Authority's entitlement to sell the vessel, and gives a good title to the purchaser as against the owner.
(13)In this section the "court" means the High Court or a county court, and a county court shall have jurisdiction in the proceedings.
(14)References in this section to a vessel include anything attached to or carried in or on the vessel.
(15)The Authority shall not exercise the powers of subsection (5), (6) or (7) in relation to any vessel which is the subject of an appeal to the standards appeals panel under section 13 until the appeal has been determined.
 

 
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Prepared 24 November 2006