Medway Ports Authority Act 1973

This Act may be cited as the Medway Ports Authority Act 1973.

The Medway Ports Reorganisation Scheme, 1968, and this Act may be cited together as the Medway Ports Authority Scheme and Act 1968 and 1973.

In this Act, unless the subject or context otherwise requires—

• " the Authority " means the Medway Ports Authority;

• " charges " includes charges, rates, tolls and dues of every description for the time being payable to the Authority under any enactment;

• " daily fine " means a fine for each day on which an offence is continued after conviction;

• " dangerous goods " means any goods declared by rules for the time being made under section 23 of the Merchant Shipping (Safety Convention) Act, 1949, to be dangerous in their nature;

• " docks " means the docks, piers, wharves, quays, berths, roads, railways, bridges, sheds and other works and conveniences, and the lands, buildings and property of every description and of whatever nature which are for the time being vested in or occupied by the Authority, and " dock " shall be construed accordingly;

• " drainage authority " means any drainage authority for an internal drainage district constituted under the Land Drainage Act, 1930;

• " dredging licence" means a licence granted under subsection (1) of section 38 (Licence to dredge) of this Act;

• " duties of customs and excise" includes any tax, levy, surcharge or other sum to the collection of which the general provisions of the Customs and Excise Act, 1952, relating to customs or excise have been applied by statute;

• " the electricity undertakers " means the Central Electricity Generating Board and the South Eastern Electricity Board, or either of them, as the case may be;

• "electricity work" means any electric line, apparatus, building, structure or other work of any nature belonging to or maintained by the electricity undertakers;

• " enactment" includes an enactment in this Act or in any general or local Act and any order, byelaw, scheme or regulation made under an Act;

• " fish " includes shell-fish and also the spawn, brood and fry of fish and shell-fish;

• " functions " includes powers and duties; " the gas undertakers " means the British Gas Corporation;

• " gas work " means any main, pipe, apparatus, building, structure or other work of any nature belonging to or maintained by the gas undertakers;

• " general direction" means a direction authorised by section 20 (General directions to vessels in the port and the Medway approach area) of this Act or by subsection (1) of section 22 (Directions to vessels at the docks) of this Act;

• " goods" includes fish, livestock and animals of all descriptions;

• " the harbour master " means the harbour master appointed by the Authority and includes his authorised deputies and assistants and any person authorised by the Authority to act in that capacity;

• " the Harbours Clauses Act, 1847," means the Harbours, Docks and Piers Clauses Act, 1847;

• " hovercraft " has the same meaning as in the Hovercraft Act, 1968;

• " hydrofoil vessel" means a vessel, however propelled, designed to be supported on foils;

• " land " includes land covered by water, any interest in land and any easement or right in, to or over land;

• " landing places" means wharves and other waterside landing places, piers, jetties and similar installations and includes approaches from land to such installations;

• " the level of high water " means the level of mean high-water springs;

• " magistrates' court" has the same meaning as in the Magistrates' Courts Act, 1952;

• " the Medway approach area " means the area described in Schedule 1 to this Act;

• " owner " when used with reference to any vessel includes the owner, agent, master, charterer or other person in charge of the vessel, and when used with reference to goods includes the owner, agent, consignor, shipper, consignee or other person in charge of the goods and their respective agents in relation thereto;

• " the port " means the areas shown within the red line delineated on the map marked " plan defining the limits of the port" annexed to the Scheme and, so far as not included in any of those areas, includes the docks;

• " port facilities" means services and facilities for or in connection with the berthing, moving or dry-docking of vessels, the loading or unloading of goods or the embarking or disembarking of passengers in or from vessels, the lighterage, sorting, weighing, warehousing or handling of goods, and the movement of goods and passengers;

• " the river " has the meaning assigned thereto by section 4 (Application of Act to part of River Medway) of the Medway Conservancy Act, 1881;

• " the river authority " means the Kent River Authority;

• " the Scheme " means the Medway Ports Reorganisation Scheme, 1968;

• " seaplane " includes a flying boat and any other aircraft designed to manoeuvre on the water but does not include a hovercraft or hydrofoil vessel;

• " the Secretary of State " means the Secretary of State for Trade and Industry;

• " the sewerage board " means the Rochester, Chatham and Gillingham Joint Sewerage Board;

• " sewerage work " means a sewer outfall, subaqueous pipe or sewer vested in the sewerage board;

• " special direction " means a direction authorised by section 21 (Special directions to vessels in the port and the Medway approach area) of this Act or by subsections (2) or (3) of section 22 (Directions to vessels at the docks) of this Act;

• " statutory securities " means any securities in which trustees are for the time being authorised to invest trust moneys;

• " tidal work " means so much of any work vested in the Authority at the commencement of this Act as is on, under or over tidal waters or tidal lands below the level of high water;

• " Trinity House " means the Corporation of Trinity House of Deptford Strond;

• " the undertaking " means the undertaking of the Authority as for the time being authorised by any enactment;

• " vessel " has the meaning assigned thereto by subsection (2) of this section;

• " works licence " means a licence granted under subsection (1) of section 37 (Licensing of works) of this Act.

In this Act and the enactments incorporated therewith "vessel" means every description of vessel, however propelled or moved, and includes a hovercraft, a hydrofoil vessel, any thing constructed or used to carry persons or goods by water and, except for the purpose of levying rates, a seaplane on or in the water.

Except where the context otherwise requires, references in this Act to any other enactment shall be construed as references to that enactment as applied, extended, varied or amended by, or by virtue of, any subsequent enactment, including this Act.

Particular powers conferred or particular duties laid upon the Authority by this Act shall not be construed as derogating from each other or from the generality of subsections (1) and (2) of this section.

The Authority may for the purposes of the undertaking acquire land by agreement, whether by way of purchase, exchange, lease or otherwise.

The Secretary of State for the Environment may authorise the Authority to purchase compulsorily any land which they require for the purposes of the undertaking and the Acquisition of Land (Authorisation Procedure) Act, 1946, shall apply as if the Authority were a local authority within the meaning of that Act and as if this Act had been in force immediately before that Act.

The Authority may dispose of land belonging to them in such manner, whether by way of sale, exchange, lease, the creation of any easement, right or privilege or otherwise, for such period, upon such conditions and for such consideration as they think fit.

Where the Authority intend to develop or procure the development of land belonging to them for purposes other than the purposes of the undertaking, and are of opinion that the land cannot by itself be developed satisfactorily, they may acquire adjoining land by agreement, whether by way of purchase, exchange, lease or otherwise, for the purpose of developing it or of procuring its development together with the other land.

Nothing in subsection (2) of this section shall authorise the compulsory acquisition of any operational land of the gas undertakers.

For the purpose of the acquisition by the Authority of land by agreement, the provisions of Part I (other than sections 4 to 8 and sections 27 and 31) and of subsection (3) of section 38 of the Compulsory Purchase Act, 1965, shall apply to the exclusion of the Lands Clauses Acts, and as if this Act were mentioned in Schedule 6 to the said Act of 1965.

In this section " tug " means any vessel other than a vessel of five tons gross or less.

Subject to obtaining any licence necessary under Part V of the Transport Act, 1968, the Authority may operate road transport vehicles for the purpose of conveying goods to and from any part of the docks.

The Authority may operate railways for the purpose of conveying goods or passengers within the docks.

For the said purposes the Authority may from time to time purchase, contract for or hire and may maintain road or rail transport vehicles and equipment and may sell or dispose of any such vehicles and equipment.

The Authority may, on any land for the time being vested in or occupied by them, provide and maintain parking places at which vehicles may be left, and may make reasonable charges in respect of any vehicle left at any such parking place or elsewhere on the docks:

Any such traffic sign as is referred to in paragraph (c) of subsection (2) of this section shall be conspicuously posted in or in proximity to the place to which it relates.

Where the Authority in exercise of the powers of subsection (2) of this section remove a vehicle, or cause it to be removed, the expenses of and incidental to the removal shall be recoverable by the Authority from the owner of the vehicle as a simple contract debt in any court of competent jurisdiction.

If the Authority in exercise of the powers of this section remove a vehicle to a place not readily visible from the place whence it is so removed, they shall, if and as soon as it is reasonably practicable to do so, send to the owner of the vehicle or, if there is no such person or the vehicle does not carry a G.B. registration mark (as defined in the Removal and Disposal of Vehicles Regulations, 1968), to the person who appears to the Authority to be the owner of the vehicle notice in accordance with regulation 13 of the said regulations of 1968 or any other regulation having the like effect for the time being in force that they have exercised the powers of this section and of the place to which the vehicle has been removed.

A traffic sign conforming to such design as the Secretary of State for the Environment may authorise; for the purpose, stating the general effect of subsection (2) of this section, shall be displayed in a prominent position at each entrance to any parking place provided under subsection (1) of this section.

Any constable or any responsible officer of the Authority may require any person on or seeking access to the docks or any vessel using the docks to state truly his name and address and the nature and place of his business thereon or his purpose thereon or in seeking access thereto and may require any such person to produce for inspection by such constable or officer any pass or other authority which may have been issued to him by or on behalf of the Authority, and any person who fails to comply with any such requirement shall be liable on summary conviction to a fine not exceeding ten pounds.

Any constable may remove from the port or from any vessel using the port any disorderly person or any person having no right or lawful purpose thereon and may prevent any such person from having access thereto.

Any officer of Her Majesty's Customs and Excise may detain and search within the port any person or any vehicle, vessel or other property, upon whom or in or about which there is reasonable cause for believing that there may be any uncustomed or prohibited goods.

The Authority may, after consultation with the pilotage authority and the Chamber of Shipping of the United Kingdom, revoke or amend directions given under this section.

A direction under this section may be given for any of the purposes set out in subsection (2) of this section by the harbour master to a vessel anywhere in the port or the Medway approach area and to a vessel prior to its entering the port from a dock.

In this section reference to a vessel at a dock includes reference to a vessel entering or about to enter a dock and to a vessel leaving or having just left a dock.

Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Authority once in Lloyd's List and Shipping Gazette newspaper or some other newspaper specialising in shipping news, and, if the notice relates to the giving or amendment of a general direction, shall state a place at which copies of the direction may be inspected and bought and the price thereof.

In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the harbour master considers appropriate.

The master of a vessel who fails to comply with a general or special direction shall be liable to a fine not exceeding two hundred pounds.

It shall be a defence to the master of a vessel charged with an offence under subsection (1) of this section to prove that he had reasonable ground for supposing that compliance with the direction in question would be likely to imperil his vessel or any person for whom he is responsible or that in the circumstances compliance was impracticable.

Without prejudice to any other remedy available to the Authority, if a special direction is not complied with within a reasonable time, the harbour master may, where practicable, put persons aboard the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.

Expenses incurred by the Authority in the exercise of the powers conferred by subsection (1) of this section shall be recoverable by the Authority as a simple contract debt.

The Authority may carry out such surveys of the bed of the river Thames within the Medway approach area as they consider necessary or desirable.

The Authority shall publish all surveys made by them under this section.

The Authority may from time to time place and lay down such buoys and beacons as they consider necessary within the Medway approach area.

All byelaws made or deemed to have been made by the Authority from time to time under section 78 (General byelaws) and section 79 (Byelaws as to lights and signals, etc.) of this Act for the regulation of the port and the navigation thereof, and for prescribing the lights and signals to be carried, exhibited or made by vessels shall extend and apply within the Medway approach area.

Subject to the provisions of this Act, the Authority may within the port and the Medway approach area require the owner or occupier of any structure below the level of high water to exhibit on or near that structure and keep burning every night from sunset to sunrise such lights and take such other steps for the prevention of danger to navigation as they shall from time to time direct.

In this section—

• " Her Majesty's vessels " includes vessels for the time being in the service of Her Majesty;

• " the Queen's harbour master " means the person for the time being appointed to be Queen's harbour master of the dockyard port of Chatham under the Dockyard Ports Regulation Act, 1865.

The Queen's harbour master may within the river and the Medway approach area require priority for the movement of any of Her Majesty's vessels.

When one of Her Majesty's vessels is to be afforded priority by virtue of a requirement under the last foregoing subsection, the Queen's harbour master shall inform the harbour master of such requirement as soon as is reasonably practicable and the harbour master shall take such steps as are open to him to ensure that other vessels are kept out of the way of the vessel to which the requirement relates.

A notice under subsection (1) of this section shall have annexed to it a copy of this section.

A person aggrieved by a notice served by the Authority under subsection (1) of this section may appeal to a magistrates' court.

Nothing in this section shall relieve any person acting on the requirement of the Authority from liability for damage caused by him to any electricity work, gas work or sewerage work.

The Authority may remove anything, other than a vessel or any wreck within the meaning of Part IX of the Merchant Shipping Act, 1894, causing or likely to become an obstruction or impediment in any part of the port.

A notice given under paragraph (a) of subsection (2) of this section shall specify the thing removed and state that upon proof of ownership to the reasonable satisfaction of the Authority possession may be retaken at a place named in the notice within the time specified in the notice, being not less than fourteen days after the date when the notice is served.

Subject to the provisions of this Act, the Authority may from time to time deepen, dredge, scour and improve the bed and foreshore of the waters of the port and blast any rock in the port.

Any material taken up or collected in the course of such operations shall be the property of the Authority and may be used, sold, removed, deposited or otherwise disposed of as the Authority may think fit :

The Authority may upon such terms and conditions as they think fit grant to any person a licence to construct, alter, renew, extend or maintain any works on, under or over tidal waters or tidal lands below the level of high water in the port notwithstanding interference with public rights of navigation and other public rights by such works as constructed, altered, renewed, extended or maintained.

Application for a works licence shall be made in writing to the Authority and shall be accompanied by plans, sections and particulars of the works to which the application relates and shall specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefit of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted, and in granting any such licence the Authority may require modifications in the plans, sections and particulars so submitted.

If within three months from the date of the making of an application under subsection (2) of this section the Authority do not grant a works licence in accordance with the application, they shall be deemed to have refused the application.

For the purposes of section 7 of the Telegraph Act, 1878, any work proposed to be done under a works licence shall be deemed to be work proposed to be done in the execution of an undertaking authorised by an Act of Parliament.

In the exercise of the powers conferred by a works licence, the holder of the licence shall not damage or injuriously affect any electricity work, gas work or sewerage work or, without the consent of the electricity undertakers, the gas undertakers or the sewerage board, as the case may be, interfere with or adversely affect the operation of any such work.

The Authority may upon such terms and conditions as they think fit grant to any person a licence to dredge in any part of the bed and foreshore of the waters of the port.

Application for a dredging licence shall be made in writing to the Authority and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence and in granting any such licence the Authority may require modifications in the plans, sections and particulars so submitted.

If within three months from the date of the making of an application under subsection (2) of this section the Authority do not grant a dredging licence in accordance with the application, they shall be deemed to have refused the application.

The issue of a licence under this section shall not confer statutory authority for the carrying out of the work covered by the licence.

Not less than twenty-eight days before the exercise of any powers under a dredging licence within a distance of 50 yards of any subaqueous cable belonging to or used by the Post Office, the holder of the licence shall give notice in writing to the Post Office of such intended exercise.

A person who appeals to the appropriate Minister under this section shall give to the Authority notice of his appeal accompanied by a copy of his statement of appeal and the Authority shall within twenty-eight days from the receipt of such notice be entitled to furnish the appropriate Minister with their observations on the appeal.

Any person offending against the provisions of this section or who contravenes or who fails to comply with any term or condition upon which a works licence or a dredging licence, as the case may be, is granted by the Authority shall be liable on summary conviction to a fine not exceeding one hundred pounds and on conviction on indictment to a fine.

A works licence shall not be required for the carrying out, construction, placing, alteration, renewal, maintenance or retention of any work by the river authority or any drainage authority in the exercise of their functions under any enactment and a dredging licence shall not be required by the river authority or any drainage authority in the exercise of their functions under any enactment.

Nothing in this section shall affect the powers of the Post Office under the Telegraph Acts, 1863 to 1916.

In case of injury to or destruction or decay of a tidal work or any part thereof the Authority shall forthwith notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to limb, direct.

If the Authority fail to notify Trinity House as required by this section or to comply in any respect with a direction given under this section they shall be liable on summary conviction to a fine not exceeding one hundred pounds and on conviction on indictment to a fine.

Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Authority at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.

Where a work consisting partly of a tidal work and partly of works of the Authority on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this section.

If, on the expiration of thirty days from the date when a notice under this section is served upon the Authority, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Authority as a simple contract debt.

The Authority shall exhibit on each tidal work every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.

If the Authority fail to comply in any respect with a direction given under this section they shall be liable on summary conviction to a fine not exceeding one hundred pounds and on conviction on indictment to a fine.

Subject to subsection (3) of this section, and to any enactment for the time being in force limiting his liability, the Authority may recover as a simple contract debt from the owner of any vessel in relation to which they have exercised their powers under the said section 530 or the said section 532 any expenses reasonably incurred by them under those sections in relation to that vessel which are not reimbursed out of the proceeds of sale (if any) within the meaning of those sections.

Except in a case which is in the opinion of the Authority a case of emergency, subsection (2) of this section shall not apply in relation to any vessel unless, before exercising in relation to that vessel any of the powers conferred on them by the said section 530, other than the power of lighting and buoying, the Authority have given to the owner of the vessel not less than forty-eight hours' notice of their intention to do so; and if before the notice expires they receive from the owner counter-notice in writing that he desires to dispose of the vessel himself, and no direction is served in respect of the vessel under paragraph (b) of subsection (2) of the said section 47 he shall be at liberty to do so, and the Authority shall not exercise the powers aforesaid in relation to that vessel until the expiration of seven days from the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal thereof with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation which may be given to him by the Authority.

Notice under subsection (3) of this section to the owner of any vessel may be served by the Authority either by delivering it to him or by sending it to him by registered post or the recorded delivery service addressed to him at his last known place of business or abode in the United Kingdom, or, if the owner or any such place of business or abode is not known to the Authority or is not in the United Kingdom, by displaying the notice at the principal office of the Authority for the period of its duration.

Except in a case which is, in the opinion of the Authority, a case of emergency, the Authority shall, before raising, removing or destroying under the powers conferred upon them by the said section 530 any vessel sunk, stranded or (abandoned in the port or in or near any approach thereto and within a distance of 200 yards of any subaqueous cable belonging to or used by the Post Office, give to the Post Office in writing as long notice as is practicable of their intention to do so.

In this section the expression " owner " in relation to any vessel means the person who was the owner of the vessel at the time of the sinking, stranding or abandonment thereof.

Without prejudice to the powers of sale conferred on the Authority by the said section 530, the Authority shall hold and dispose of any wreck within the meaning of Part IX of the said Act of 1894 raised, removed or recovered under that section, and any surplus proceeds of sale within the meaning of that section, in accordance with such directions (if any) as may be given to them by the receiver of wreck; and on exercising the said power of sale in the case of any property the Authority shall discharge any sums payable in respect of that property by way of duties of customs or excise and any sums so discharged shall be deemed to be expenses incurred by the Authority under that section.

Any limitation on the powers of the Authority in relation to any vessel arising by virtue of subsection (1) or subsection (2) of this section shall not operate to authorise the exercise in relation to that vessel of the powers conferred on Trinity House by section 531 of the said Act of 1894.

The Authority may for the purposes of or in connection with the management of the port from time to time set apart and appropriate any lands, docks, quays, wharves, jetties, piers, berths, floats, slipways, yards, warehouses, buildings, sheds, landing stages, tips, staiths, cranes, pipeways, machinery, equipment, works and conveniences in the port belonging to them for the exclusive, partial or preferential use and accommodation of any particular trade, authority, body, company, person, vessel or class of vessels or goods subject to the payment of such rents and subject to such terms, conditions and regulations as the Authority may think fit.

No authority, body, company, person or vessel shall make use of any lands, docks, quays, wharves, jetties, piers, berths, floats, slipways, yards, warehouses, buildings, sheds, landing stages, tips, staiths, cranes, pipeways, machinery, equipment, works and conveniences so set apart or appropriated without the consent of the harbour master, and the harbour master may order any person or vessel making use thereof without such consent to leave or be removed, and the provisions of section 58 of the Harbours Clauses Act, 1847, shall extend and apply mutatis mutandis to and in relation to any such vessel.

Moneys borrowed by the Authority under this section shall be applied only to purposes to which capital money is properly applicable.

The Authority may borrow temporarily, by way of overdraft or otherwise, such sums as the Authority may require for meeting their obligations or discharging their functions under or in pursuance of any enactment:

The power conferred by this section shall be in addition to any other borrowing power for the time being enjoyed by the Authority.

The Authority may, if they think fit, establish an insurance fund with a view to providing a sum of money which shall be available for making good any losses, damages, costs and expenses to which the Authority may be subjected in consequence of such risks as may from time to time be specified in a resolution of the Authority (in this section referred to as " the specified risks ").

The establishment of a fund under this section shall not prevent the Authority from insuring in one or more insurance offices against the whole or any part of all or any of the specified risks.

The Authority may pay into the said fund in any year such sums as the Authority may think fit out of the receipts of the Authority on revenue account and as part of their working and establishment expenses and the cost of maintenance of the undertaking.

All moneys for the time being standing to the credit of the said fund shall be invested in statutory securities and the interest and annual proceeds arising from such securities shall be invested and accumulated in the said fund.

The Authority may apply for the purposes of this section any of their capital or funds for the time being available.

The report of the auditor on the accounts of the Authority for each financial year shall be submitted. to a meeting of the Authority to be held as soon as reasonably practicable following the end of the year of account,

The Authority may demand, take and recover in respect of any dracone or floating dock, crane rig, drilling rig or other floating plant which is not a ship, as defined by section 57 of the Harbours Act, 1964, entering or leaving the port such charge as they think fit, and the provisions of sections 30, 31, 32 and 34 of the Harbours Act, 1964, shall with any necessary modifications apply to the charges authorised by this subsection as they apply to ship, passenger and goods dues.

The several charges which the Authority are for the time being authorised to demand, take and recover in respect of vessels and goods under any enactment shall be payable before the removal from the port of any vessel or goods in respect of which they are payable and may be demanded, taken and recovered by such persons, at such places, at such times and under such regulations as the Authority may from time to time appoint.

An officer as defined in the Customs and Excise Act, 1952, may refuse clearance of any vessel if he is satisfied that payment of any charges payable to the Authority in respect of that vessel or any goods therein have not been made or satisfactorily secured.

Charges payable to the Authority shall be payable by the owner of any vessel or goods in relation to which the charges are payable.

Where charges payable to the Authority may be recovered by them from more than one person, the said persons shall be jointly and severally liable.

A person who takes the benefit of an exemption under subsection (1) of this section but is not entitled thereto shall be liable on summary conviction to a fine not exceeding twenty pounds.

Where the owner or master of a vessel is charged with an offence under subsection (1) of this section it shall be a defence to prove that he did not know and could not with reasonable diligence have ascertained the nature of the goods in respect of which the proceedings are taken.

The Authority may exempt owners or masters from the requirements of this section where the Authority consider a notice unnecessary.

The Authority may make a reasonable charge for a survey or examination carried out under this section.

Where a written report is made on a survey or examination under this section, the Authority shall on request supply a copy of the report at a reasonable price to the owner or consignee of the goods and, if the survey was requested by the master of a vessel, to that master.

A warrant issued under subsection (1) of this section shall be transferable by endorsement and shall entitle the person named therein or the last endorsee thereof to the delivery of the goods specified therein and the goods so specified shall for all purposes be deemed to be his property.

The Authority may, by resolution, designate any dock, wharf or other works, or any portion thereof, for the loading and unloading of any goods to which this section applies.

Where pursuant to subsection (1) of this section the Authority have designated a place for the loading or unloading of goods of any description the harbour master may direct that goods of that description intended to be loaded on board, or unloaded from, a vessel shall not be deposited or received elsewhere than at the place so designated and in the event of any person disobeying any such direction the Authority may remove the goods to the place so designated, and any expense incurred by them in so doing may be recovered by them from that person as a simple contract debt in any court of competent jurisdiction.

The goods to which this section applies are 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 contamination, taint, stain, injury or danger to other goods or to persons, 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.

The Authority may, at their discretion, use as a bonded warehouse any of their warehouses, sheds or other buildings, or any part thereof which may be duly approved by the Commissioners of Customs and Excise, when such are intended for the deposit of goods liable to duties of customs and excise.

The Authority may, if required, give to the Commissioners of Customs and Excise general security by bond under their common seal for payment of duties of customs and excise on or for the due exportation of goods deposited in their warehouses, sheds, buildings, yards or storage areas.

The Authority may give such bonds or securities under their common seal as may be required by the laws for the time being in force relating to all premises for which the Commissioners of Customs and Excise may require bonds and securities to be given.

All warehouses, sheds or other buildings belonging to the Authority in which goods prohibited to be used for home consumption, or liable to duties of customs and excise, may be deposited shall, if required by the Commissioners of Customs and Excise, be secured in such manner as shall be approved by such Commissioners.

In this section " signals " includes sound signals.

Different byelaws may be made under this section in relation to different classes of vessel.

Where a person is charged with an offence against a byelaw in force under this section it shall be a defence for that person to prove that the offence was not caused or facilitated by any act or neglect on his part, or on the part of any person engaged or employed by him, and, if that person is charged as the owner or master of a vessel, that in addition all reasonable means were taken by the master to prevent the commission of the offence.

Byelaws made under subsection (1) of this section may contain provisions for imposing on persons offending against any of the byelaws penalties not exceeding, on summary conviction, a fine of one hundred pounds, and, on conviction on indictment, imprisonment for a term of six months, either in addition to, or in substitution for, a fine.

Except where otherwise provided by this Act a person offending against any byelaw made by the Authority under this Act shall be liable on summary conviction to a fine not exceeding one hundred pounds and to a daily fine not exceeding ten pounds.

The confirming authority for the purposes of the said section 236 shall be the Secretary of State for the Environment.

In this section—

• " the Act of 1967 " means the Road Traffic Regulation Act, 1967;

• " the Act of 1972 " means the Road Traffic Act, 1972;

• " dock road " means any road, pier, wharf, quay, bridge or other work which, or any land which, is vested in or is the property of the Authority and is accessible to motor vehicles, not being a road to which the Act of 1972 applies;

• " motor vehicle " has the same meaning as in the Act of 1972.

Any notice, licence or other document given or issued by the Authority under any enactment shall, unless the contrary intention is expressed in the enactment in question, be sufficiently authenticated if signed by the secretary of the Authority or by one of his deputies, and need not be sealed by the Authority.

Without prejudice to the generality of subsection (1) of this section all documents relating to goods at the docks or to the management of the business at the docks shall be sufficiently authenticated if signed by a duly authorised officer of the Authority and need not be sealed by the Authority.

If the name or address of any owner or occupier of any premises to or on whom any such document is to be given or served cannot after reasonable inquiry be ascertained by the person seeking to give or serve the document, the document may be given or served by addressing it to the person to whom it is to be given or on whom it is to be served by the description of " owner " or " occupier " of the premises (describing them) to which the document relates, and by delivering it to some responsible person at the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

The provisions of subsections (1) to (4) of this section shall not apply to the service of a summons.

For the purpose of enabling any document to be served on the owner of any premises, the Authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully misstates the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction to a fine not exceeding five pounds.

In this section " the Act of 1968 " means the Port of London Act, 1968.

Where the Port of London Authority propose to execute works in the Medway approach area in respect of which approval is required under section 76 (Works to be approved by Board of Trade) of the Act of 1968, they shall before making application for such approval give notice in writing to the Authority of their intention to do so and where the Port of London Authority propose to direct or give their licence, consent or permission to the execution by any other person of works in that area in respect of which approval is required under the said section 76, they shall before giving such direction, licence, consent or permission give the like notice to the Authority.

Paragraph (a) of subsection (1) of section 40 (Restriction on construction of works and dredging) of this Act shall not extend to works constructed by the Secretary of State for Defence on that part of the bed or soil or shores of the river referred to in the proviso to section 75 (On payment of 65,0001 by Conservators to corporation, estate, Sec., of corporation to vest in Conservators) of the Medway Conservancy Act, 1881.

Nothing in section 40 (Restriction on construction of works and dredging) of this Act shall apply to the construction, alteration, renewal, extension or maintenance by the electricity undertakers of any electricity work from time to time authorised under or by virtue of any enactment or any consent, wayleave or other instrument given or made under any enactment or make it unlawful for the electricity undertakers to carry out any work not so authorised, or any dredging, necessary in case of emergency for the protection of or to ensure the efficient operation of any electricity work.

Except in a case which is, in the opinion of the Authority a case of emergency, the Authority shall before raising, removing or destroying any vessel sunk, stranded or abandoned in the port and within a distance of 150 yards of any electricity work give the electricity undertakers as long notice as is practicable of their intention to do so.

In the exercise of the powers of section 34 (Reclaiming creeks, etc.) and section 35 (Works in the port) of this Act the Authority shall not damage or injuriously affect any electricity work or, without the consent of the electricity undertakers, interfere with or adversely affect the operation of any electricity work and the said powers shall be so exercised as not to render unreasonably inconvenient the access to any electricity work.

Nothing in section 40 (Restriction on construction of works and dredging) of this Act shall apply to the construction, alteration, renewal, extension or maintenance by the gas undertakers of any gas work from time to time authorised under or by virtue of any enactment or any consent, wayleave or other instrument given or made under any enactment or make it unlawful for the gas undertakers to carry out any work not so authorised, or any dredging, necessary in case of emergency for the protection of or to ensure the efficient operation of any gas work.

Except in a case which is, in the opinion of the Authority, a case of emergency, the Authority shall before raising, removing of destroying any vessel sunk, stranded or abandoned in the port and within a distance of 150 yards of any gas work give the gas undertakers as long notice as is practicable of their intention to do so.

In this section—

• " the board " means the British Railways Board;

• " the bridge " means the bridge known as Kingsferry Bridge being the bridge comprised in Work No. 7 authorised by the British Transport Commission Act, 1957;

• " the council" means the county council of the administrative county of Kent and on and after the 1st April, 1974, the Kent County Council:

Notwithstanding the provisions of section 40 (Restriction on construction of works and dredging) of this Act the board and the council may execute and maintain such works in the bed or on the shores of the Swale as may be necessary for the safety and protection of the bridge:

Any difference arising between the Authority and the board or the council under this section shall be determined by a single arbitrator to be agreed between the Authority and the board or the council, or in default of agreement, to be appointed on the application of either party after notice in writing to the other party by the President of the Institution of Civil Engineers.

If the river authority have reasonable grounds for believing that a protected work or inland water is likely to be damaged in any of the circumstances mentioned in the last foregoing paragraph, they may carry out such protective works as may be agreed between the river authority and the Authority or as, in default of agreement, may be settled by arbitration:

The Authority shall not without the consent of the river authority construct an authorised work so as to obstruct to an unreasonable extent access to a protected work or inland water by the river authority and their officers, servants, workmen, contractors and agents together with any vehicles, plant and machinery as may be reasonably necessary but such consent shall not be unreasonably withheld and may be given subject to reasonable terms and conditions:

Any difference which may arise between the Authority and the river authority under this section (save a difference as to the meaning thereof) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers :

Except in a case which is, in the opinion of the Authority, a case of emergency, the Authority shall, before raising, removing or destroying under the powers conferred upon them by section 530 of the Merchant Shipping Act, 1894, any vessel sunk, stranded or abandoned in the port or in or near any approach thereto and within a distance of 500 yards of any protected work, give to the river authority in writing as long notice as is practicable of their intention to do so.

references to the drainage authority for references to the river authority;

the following for sub-paragraphs (i) and (ii) of the definition of " authorised work " in paragraph (1):—" the carrying out of any works authorised by section 63 of the Land Drainage Act, 1930 ";

the following definition for the definition of " inland water " in the said paragraph (1):—

" ' inland water ' means a watercourse, as defined in the Land Drainage Act, 1936, subject to the control of the drainage authority.

Sections 86 and 136 of the Medway Conservancy Act, 1881, and sections 109 and 110 of the Milton Creek Conservancy Act, 1899, shall continue to apply to the Authority as if for references therein to the Conservators of the River Medway or the Conservators of Milton Creek, as the case may be, there were substituted references to the Authority.

The enactments referred to in the first, second and third columns of Schedule 3 to this Act are hereby repealed to the extent specified in the fourth column of that Schedule.