Broads Authority—continued
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20.Destruction of dangerous vessels
(1)This section shall have effect if it appears to the Authority that—
(a)an unsafe vessel in the navigation area or on adjacent waters constitutes a grave and imminent danger to the safety of any person or property; and
(b)it would not be reasonably practicable to remove the danger otherwise than by the destruction of the vessel.
(2)Where this section has effect the Authority may destroy the vessel immediately.
(3)The provisions of section 173 of and Schedule 20 to the 1991 Act as they have effect in accordance with section 16 shall not apply to an authorised officer who boards a vessel for the purpose of exercising the powers of this section.
(4)A person who intentionally obstructs another person acting in the exercise of the powers of subsection (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
21.Request for information as to vessels
(1)On a request made by an authorised officer who produces, if requested, written evidence of his authority—
(a)the master of any vessel in the navigation area or on adjacent waters shall give the officer particulars of his own name and address together with such particulars as are available to him to verify his identity, and (if known to him) the name and address of the owner of the vessel;
(b)the master of any vessel in the navigation area or on adjacent waters shall produce for inspection by the authorised officer any registration certificate or plate issued in respect of the vessel;
(c)the owner or master of any vessel in the navigation area or on adjacent waters shall give the authorised officer such information as is available to him respecting the construction and equipment of the vessel and its compliance with the requirements of section 12;
(d)the owner or master of any vessel in the navigation area or on adjacent waters shall give the authorised officer such information or document as is available to him regarding any policy of insurance in force in relation to the vessel;
(e)the owner of any vessel in the navigation area or on adjacent waters shall give the authorised officer particulars of the name and address of, or such other particulars as are available to him to assist the identification of, any person who, at any time specified by the authorised officer, was acting as master of the vessel.
(2)A request under subsection (1) need not be in writing and may be made in any manner considered by the authorised officer to be appropriate.
(3)Any person who fails to give or produce any information or document requested by an authorised officer under subsection (1) must, if then so required by the authorised officer, give or produce that information or document within twenty-one days at the principal office of the Authority either in person or by sending the information or document by first class post in a pre-paid envelope properly addressed to the principal office of the Authority.
(4)A person who—
(a)fails, without reasonable excuse, to comply with a request made under subsection (1) above; or
(b)in furnishing any information in compliance with such a request makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,

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

22.Notices requiring information from masters and owners, etc. as to vessels
(1)Where, with a view to performing a function conferred on the Authority by or under the provisions of this Act, Part II (navigation) of the 1988 Act, or Schedule 5 to the 1988 Act, or by or under any byelaw made under any of those provisions, the Authority considers that it ought to have information as to any vessel which is or has been in the navigation area or on adjacent waters, or as to the master or owner of any such vessel, the Authority may serve a notice on any person reasonably believed by it to be the master or owner, or to have been the master or owner at any date specified in the notice, requiring the recipient to furnish to the Authority within a period specified in the notice (which shall not be less than 28 days beginning with the day on which the notice is served) the information referred to in the notice.
(2)The information which may be required includes—
(a)the name and address of any person whom the recipient of the notice believes to be the master or owner of the vessel, or to have been such master or owner at any date specified in the notice; or
(b)the capacity in which any person who is or has been or is believed by the recipient of the notice to be or have been the master has or takes command, charge, possession or management of the vessel, or had or took such command, charge, possession or management at any date specified in the notice; or
(c)the nature of the interest in or control over the vessel, at any date specified in the notice, of any person who is or has been or is believed by the recipient of the notice to be or have been the owner; or
(d)information as to whether the vessel complies with any standards applicable to the vessels; or
(e)details of any insurance policy applicable to the vessel maintained in compliance with section 14.
(3)A notice under this section shall—
(a)name or otherwise identify the vessel in respect of which it is served;
(b)specify the function for the purpose of the performance of which the notice is served; and
(c)specify the enactment by or under which that function is to be performed.
(4)A notice shall not be served under this section on any person who, at the date of service, is believed by the Authority to be no longer the master or owner of the vessel named or identified in the notice if the Authority believe that more than 6 months have elapsed since the recipient ceased to be such owner or master.
(5)A person who—
(a)fails, without reasonable excuse, to comply with the requirements of a notice served on him under subsection (2) above; or
(b)in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,

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

23.Notices requiring information from landowners, etc. as to vessels
(1)A notice served by the Authority under section 16 (power of local authorities to obtain particulars of persons interested in land) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) in respect of any land comprised in or adjoining the navigation area or adjacent waters may require the recipient of the notice to furnish to the Authority, in respect of any vessel such as is referred to in subsection (2), information such as is referred to in subsection (3).
(2)Subsection (1) applies to any vessel which at the date of the service of the notice is moored on or adjoining any land such as is referred to in subsection (1), or which has been so moored at any time within a period of 42 days expiring on the date of the notice.
(3)Such a notice may require the recipient to disclose—
(a)the name, address, telephone number and email address of the owner of the vessel;
(b)details of any person other than the recipient of the notice who has care or charge of the vessel;
(c)information as to whether the owner of the vessel pays rent to the recipient of the notice, or whether it is moored free of charge;
(d)information as to whether any person other than the recipient of the notice has planning permission to allow the vessel to be moored;
(e)information as to whether the recipient of the notice holds keys for the vessel;
(f)information as to whether, in the opinion of the recipient of the notice, the mooring of the vessel constitutes a trespass on the land where it is moored;
(g)details of the type of fuel used on the vessel, and of its engine;
(h)information as to the use made of the vessel.
24.Entry on land
(1)An authorised officer designated in writing for the purpose by the Authority may enter—
(a)any adjacent waters upon which he would have no right of entry otherwise than by virtue of this section; or
(b)any land in the vicinity of the navigation area, or of any adjacent waters, being land which affords access to any vessel in the navigation area or on adjacent waters;

for the purpose of determining whether, and if so in what manner, any of the powers referred to in subsection (2) should be exercised, or of exercising any of those powers.

(2)Subsection (1) applies to the powers of—
(a)section 16 (entry on and inspection of vessels);
(b)section 18 (powers as to unsafe vessels, etc.);
(c)section 19 (removal of unsafe vessels, etc.);
(d)section 20 (destruction of dangerous vessels);
(e)paragraph 12 of Schedule 5 to the 1988 Act.
(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.
25.Licensing of rescue boats
(1)In this section "rescue boat" means any vessel held out or retained for use in the navigation area or on adjacent waters for the purpose of rescuing persons in danger, but does not include any vessel belonging to or used by—
(a)a police force or other emergency service;
(b)a lifeboat service which is approved by the Maritime and Coastguard Agency;
(c)a yachting or boating club, for rescuing persons from vessels owned or used by members of the club or from other vessels engaged in a race or other event held by the club; or
(d)the owner of another vessel which is let on hire in the course of a business, for the purpose of rescuing persons from any such other vessel.
(2)No person shall hold out or retain a vessel as a rescue boat except under and in accordance with the terms and conditions of a licence granted by the Authority.
(3)Without prejudice to the generality of subsection (2) the terms and conditions of a licence may include requirements as to the number, skills and qualifications of the crew and requirements as to the construction, propulsion, equipment and maintenance of the vessel.
(4)The Authority may charge a reasonable fee for the grant of any licence under this section.
(5)The Authority may refuse to grant any licence under this section, and may withdraw any such licence if it appears to the Authority that any terms or conditions of the licence or any requirements applicable to the rescue boat by virtue of section 12 (construction and equipment standards) or section 14 (vessels: insurance requirements) are not being observed.
(6)Any person who contravenes subsection (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Water skiing and wake boarding, etc.

26.Coming into force, etc. of provisions as to water skiing and wake boarding

Sections 27 to 33 shall come into force as from the appointed day.

27.Zones for water skiing or wake boarding
(1)The Authority may from time to time by resolution designate any part of the navigation area as a zone where water skiing or wake boarding is to be permitted.
(2)A resolution passed under subsection (1) shall state whether it relates to water skiing or wake boarding, or to both activities.
(3)A resolution passed under subsection (1) may specify conditions subject to which water skiing or wake boarding is permitted in the zone to which the resolution relates, including conditions as to the hours, days and times of year when water skiing or wake boarding is permitted.
(4)The Authority may from time to time by further resolution amend or revoke any resolution passed under subsection (1).
(5)Before passing a resolution under subsection (1) or (4) the Authority—
(a)shall consult the navigation committee and such organisations as appear to the Authority to represent persons affected by the resolution; and
(b)shall publish notice of its intention to pass the resolution in a local newspaper circulating in the area of the Broads.
(6)The notice referred to in subsection (5) shall—
(a)identify any existing or proposed zone to which the proposed resolution relates;
(b)summarise the effects of the proposed resolution; and
(c)state that representations relating to the proposed resolution may be made in writing to the Authority within such period, expiring not less than 28 days after publication of the notice, as may be specified in the notice.
(7)After considering any representations made in response to the notice referred to in subsection (5) the Authority may if it considers it reasonable to do so pass such a resolution as is mentioned in subsection (1) or (3).
(8)It shall be the duty of the Authority to exhibit and maintain signs in the vicinity of every zone designated under this section denoting the boundaries of the zone.
28.Permits for water skiing and wake boarding
(1)The Authority may on application by any person issue a permit authorising that person and if the Authority thinks fit such other person or persons as is or are named in the application to engage in water skiing or wake boarding in a zone.
(2)A permit shall state whether it relates to water skiing or wake boarding.
(3)The applicant for a permit shall provide such information as the Authority may reasonably require as to—
(a)the applicant and (where the permit is sought in respect of the applicant and any other person or persons), the other person or persons;
(b)the water skis, wake boards, towing vessel and other equipment to be used;
(c)(where the permit is required in connection with an event), the event;

and such other matters as the Authority may specify.

(4)A permit may authorise the holder to engage in water skiing or wake boarding within one or more zones (which shall be specified in the permit).
(5)A permit—
(a)shall be valid for such period as may be specified in the permit; and
(b)may be issued subject to such reasonable conditions as may be so specified.
(6)The conditions subject to which a permit is issued may include conditions—
(a)requiring the holder to maintain a policy of insurance complying with the requirements of Schedule 2;
(b)requiring the holder to supply information (including information as to any policy of insurance) on request to the Authority;
(c)requiring the holder to be a member of an organisation which requires as a condition of membership that members observe adequate standards of safety when engaging in water skiing or wake boarding;
(d)requiring the holder to observe any conditions specified in a resolution passed under section 27;
(e)making requirements as to the manner in which the holder may carry out water skiing or wake boarding, including requirements for the avoidance of danger to the holder or other persons or of damage to land or other property;
(f)making requirements as to the design or nature of the vessel or the equipment to be used in carrying out water skiing or wake boarding;

and such other reasonable conditions, including conditions making requirements as to the holder of the permit and any person (not being the holder) who navigates, or is towed by, any towing vessel, as the Authority thinks fit.

(7)The Authority may charge reasonable fees for the issue of permits.
(8)Without prejudice to the power of the Authority to refuse a permit on any other grounds, the Authority may refuse a permit if the number of permits already in force is equal to or exceeds the maximum number from time to time determined by the Authority for the purposes of this Act.
 

 
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Prepared 24 November 2006