Harbour Dues (a discussion from semi retired people with too much time on our hands!)

StUrrock

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Was recently having a discussion with a great friend who, like me, is rapidly advancing in years and is approaching old farthood. The topics included the cost of things, our health conditions, the youth of today and the state of the nation.

Once these topics were exhausted we were discussing our ever increasing harbour dues demands as per the following;

"Harbours, Docks and Piers Clauses Act 1847

33Harbour, dock, and pier free to the public on payment of rate.

Upon payment of the rates made payable by this and the special Act, and subject to the other provisions thereof, the harbour, dock, and pier shall be open to all persons for the shipping and unshipping of goods, and the embarking and landing of passengers."

This got us thinking, this act seems to have been written a long time ago when all shipping would have been commercial and the leisure craft industry did not really exist.

So being pedantic, time rich, wallet empty old fools. My pal suggested it would be a good idea to write to the Department of Shipping Standards at the MCA to clarify the definitions in the said act.

The senior representative at the MCA replied and unequivocally stated that ;

"As we are leisure boaters and our yacht(s) are only carrying friends and family, then our craft(s) are not a "passenger vessel(s)" as we are not operating commercially.
Therefore there is no requirement for coding the vessel(s) as defined in Regulation 2 of the Merchant Shipping (Vessels in commercial use for sport or pleasure) Regulations 1998."


Therefore we ask the learned members of this forum, do you think that harbour dues can be demanded from leisure boaters as defined by the MCA, under the 1847 act?
 

stranded

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I suspect you’re heading for disappointment on this one, but to avoid chasing shadows, are you certain the 1847 Act is the one which governs the payment of harbour dues? How did you reach this conclusion? Is this specific to your harbour? Have there been any amendments to the 1847 Act?
 

StUrrock

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I suspect you’re heading for disappointment on this one, but to avoid chasing shadows, are you certain the 1847 Act is the one which governs the payment of harbour dues? How did you reach this conclusion? Is this specific to your harbour? Have there been any amendments to the 1847 Act?
All good points, not sure on amendments, the harbour in question sent me the above quote from the 1847 act and it is that which they seem to rely. I will review their other bye laws from the harbour in question.
 

ylop

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As stranded says I think you are barking up the wrong tree the harbours act 1964 seems to revoke the charges from your 1847 act and even if it did not s32 of the 1847 act mentions pleasure vessels which seems to undermine the premise of your argument.
 

StUrrock

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As stranded says I think you are barking up the wrong tree the harbours act 1964 seems to revoke the charges from your 1847 act and even if it did not s32 of the 1847 act mentions pleasure vessels which seems to undermine the premise of your argument.
thank you ylop I'll look up the 1964 act, thanks.
 

stranded

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Firstly, I am not learned! But the replies from the harbour authority and the MCA as you quote them are not terribly useful without knowing the questions you asked. But if you asked the question you have put here, then that is an interesting starting point. My guess would be that if they are still relying on the 1847 Act there would very
likely be caselaw dealing with the interpretation for pleasure vessels. if you look on the govt legislation website you can follow through Amendments to the Act, but otherwise you may have to start wading through the caselaw - good luck with that!
 

rotrax

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AS you have lots of time on your hands do you fancy a few days assisting with polishing and waxing my modist boat.

I don't have any issues paying a small sum for buoyage; even though us Scots have a reputation for being 'careful with cash'.


I thought the expression was "Canny with cash"

I canny gie ye this and I canny gie ye that!;)
 
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