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Statutory Instrument 2005 No. 1470The Dockyard Port of Portsmouth Order 2005(The document as of February, 2008) STATUTORY INSTRUMENTS2005 No. 1470HARBOURS, DOCKS, PIERS AND FERRIESThe Dockyard Port of Portsmouth Order 2005
Her Majesty, in pursuance of sections 3, 5, 6 and 7 of the Dockyard Ports Regulation Act 1865[1] and, in so far as section 7 of the Act is concerned, on the joint recommendation of the Secretary of State for Defence and the Secretary of State for Transport[2], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows— Commencement and Citation 1.This Order shall come into operation on the 10th day of June 2005 and may be cited as the Dockyard Port of Portsmouth Order 2005. Interpretation 2.In this Order unless the context otherwise requires—
Description of Limits
(b) on the south west, the line of mean high-water springs along the eastern and northern shores of the Isle of Wight from the aforementioned point in Sandown Bay to a point at Old Castle Point in latitude 50° 45' 56.3” north longitude 01° 16' 28.0” west with all bays, creeks, lakes, pools and rivers as far as the tide flows between those points except that between Bembridge Point and Old St. Helen's Church the limit of the Dockyard Port shall be the outer limit of Bembridge Harbour; (c) on the west, a line from the aforementioned point at Old Castle Point on a true bearing of 000° for a distance of 0.14 nautical miles to a point in latitude 50° 46' 04.7” north longitude 01° 16' 28.0” west, thence on a true bearing of 022° for a distance of 3.15 nautical miles to a point on the line of mean high-water springs at Hillhead in latitude 50° 48' 59.5” north longitude 01° 14' 35.9” west; and (d) on the north, the line of mean high-water springs from the aforementioned point at Hillhead to the aforementioned point at Eastney Point in latitude 50° 47' 12” north longitude 01° 01' 47” west with all bays, creeks, lakes, pools and rivers as far as the tide flows between those points except that in Ports Creek the north east limit of the Dockyard Port shall be the western side of the railway bridge in approximately latitude 50° 50' 00” north longitude 01° 03' 10” west. Delineation of Limits
(b) fails to cause the same to be observed, (c) fails to observe any direction given under those Regulations, (d) fails to comply with any condition or directions attached to a licence or permission granted under those Regulations, or (e) fails to comply with any notice issued under those Regulations, is guilty of an offence and shall for every such offence be liable to a fine not exceeding level 3 on the standard scale. General 1.—(1) The Master of every vessel and every other person within the limits of the Dockyard Port shall comply with any specific or general direction given by the Queen's Harbour Master for the purposes of the proper protection of the Dockyard Port, Her Majesty's vessels, dockyards or property, or for the requirements of Her Majesty's Naval service. (2) The Master of every vessel and every other person within the limits of the Dockyard Port to whom any licence or permission has been granted by the Queen's Harbour Master in accordance with the provisions of the Act, these Regulations or the Rules contained in Schedule 2, shall comply with any directions or conditions attached to them. (3) The Queen's Harbour Master may attach such directions or conditions to any such licence or permission as he considers necessary. Moorings for Her Majesty's Ships, etc 2.Moorings for Her Majesty's vessels, buoys, lights, marks, marker buoys, and other aids to navigation, and such other buoys as may be required for any purpose in connection with naval, military or air force operations, may be placed by the Queen's Harbour Master in such positions as may be considered necessary for the requirements of Her Majesty's service. Merchant or Private Moorings 3.—(1) No person shall lay moorings for any merchant or private vessel, hulk, raft, pontoon, bathing stage, house boat, timber or any floating structure in the Dockyard Port, save with the permission of the Queen's Harbour Master. (2) All such moorings shall be in such positions as the Queen's Harbour Master shall deem fit. (3) Any such moorings anywhere in the Dockyard Port shall be removed forthwith on the specific direction of the Queen's Harbour Master. Clearing Anchors and Moorings 4.If at any time the anchor of any vessel hooks any Crown moorings, or any under-sea cable, or moorings of buoys, or any pipe, the Master of such vessel shall forthwith give notice thereof to the Queen's Harbour Master and shall, if it is safe and practicable, await his direction before proceeding to clear the same. Anchoring and Mooring—General 5.No vessel shall anchor on the line of any under-sea cable or pipe laid down in the Dockyard Port when such a line is indicated by posts or other discernible marks on shore or is shown for the time being on Admiralty charts as an area in which anchorage is prohibited except with the permission of the Queen's Harbour Master. 6.No vessel, or barge, hulk, raft, pontoon or other floating structure shall—
(b) be moored or fastened to any of Her Majesty's naval moorings, buoys, breakwaters, boom defences, dolphins, jetties, piles or vessels in the Dockyard Port, save with the permission of the Queen's Harbour Master; (c) be moored or except in an emergency anchored within 100 metres of any of Her Majesty's naval jetties, floating docks, dolphins, vessels, hulks, installations or armaments depots, or within 150 metres of the centre of any naval moorings, save with the permission of the Queen's Harbour Master; (d) lie or be moored so as to impede the free approach to any pier in the Dockyard Port used for the purposes of regular passenger traffic, or when buoys are placed by the Queen's Harbour Master to mark an approach to such pier, lie within the space so marked; (e) lie or be moored, anchored, grounded, deposited or run on shore in the fairways of the Harbour, the main navigable channels or the approach channel; or (f) except in an emergency, drop anchor in water of greater than 10 metres in depth save with the permission of the Queen's Harbour Master. Vessels at anchor
(b) 150 metres of any of Her Majesty's vessels, save with the licence in writing of the Queen's Harbour Master.
(b) the main navigable channels. (4) The use of any form of static fishing gear is prohibited in—
(b) Portchester Lake; (c) the Approaches to Port Solent; (d) Tipner Lake; (e) Haslar Creek; (f) Weevil Lake; (g) Brick Kiln Lake; and (h) Wootton Creek. (5) South of the Harbour entrance in any area not shown on Admiralty Charts as an area within which fishing is prohibited, unattended fishing gear in respect of which a surface mark is employed must show a dan buoy or container with flag, which must be fitted with a radar reflector and have the identity of the laying vessel clearly displayed.
(b) elsewhere in the Dockyard Port—
(ii) within 150 metres of any of Her Majesty's vessels; or (iii) where anchorage is prohibited. Swimming
(b) 150 metres of any of Her Majesty's vessels; or (c) any area where anchorage is prohibited. Water-skiing, etc.
(b) beyond 0.5 of a nautical mile from the line of mean low-water springs; or (c) within 0.5 of a nautical mile of the line of mean low-water springs in any area which may be designated for such activity from time to time by the Queen's Harbour Master and marked with buoys. Parascending and Similar Activities
(b) upon the banks or any portion of the shores of the Dockyard Port where the same may be able to be washed into the said waters by rain, tide or otherwise, any ballast, stones, earth, clay, refuse or any other substance or object which is or might become a hazard to navigation.
(b) enter into or remain in that area, or cause or permit any vessel, animal or thing to enter into or remain in that area, except with the permission of the Queen's Harbour Master or the officer in charge of such operations, experiments or purposes; or (c) take part in any recreational activities specified in the notice in such parts of that area as may be so specified, save for the purposes of avoiding danger or accident. Warship Anchorage
(b) 154° (true) 0.55 nautical miles, (c) 182° (true) 1.11 nautical miles, (d) 249° (true) 1.40 nautical miles. Firearms, Weapons and Explosives
(b) the sole design of the gun or explosive is for the purpose of giving an internationally recognised signal of distress; or (c) the sole purpose of the gun is to control water based racing activities and only blank ammunition rounds are fired. (3) No gun or explosive shall be discharged from any such vessel or from the shore over the waters of the Harbour except—
(b) as a signal of distress; or (c) as a signal in connection with the conduct of such racing activities. Navigational Marks Port Radio Telephone Communication 1.—(1) Save with the permission of the Queen's Harbour Master, all vessels of an overall length of 20 metres or more, and, when engaged in any type of commercial activity, small boats navigating within the Dockyard Port shall carry fixed or portable VHF radiotelephony equipment. (2) The Queen's Harbour Master from time to time may by notice published as a general or local notice to mariners direct that the provisions of Rule 1(1) be extended to small boats when necessary for safety within the Dockyard Port. (3) Port radio telephone communications shall be conducted in accordance with any direction issued by the Queen's Harbour Master from time to time. Vessels not to approach Vessels carrying Royal or other Standard at Masthead 2.No vessel when underway in the waters of the Dockyard Port outside the Harbour, shall unnecessarily approach within 400 metres of any vessel carrying the Royal or any other Standard at the Masthead. Vessels constrained by their draught 3.—(1) Subject to paragraph (2), within the limits of the Dockyard Port vessels constrained by their draught (as defined in the Collision Regulations) shall show the signals laid down for such vessels in the Collision Regulations. (2) A submarine navigating on the surface within the Dockyard Port shall be deemed to be a vessel constrained by its draught but shall not be required to show such signals. Shipping Movement Control 4.—(1) Vessels restricted in their ability to manoeuvre and vessels constrained by their draught within the meaning of the Collision Regulations shall not operate in the Dockyard Port without the permission of the Queen's Harbour Master. (2) Vessels of 20 metres or more in overall length shall—
(b) obtain permission from the Queen's Harbour Master to sail or move within the Harbour before leaving their mooring or berth or weighing anchor; and (c) when inward bound obtain permission from the Queen's Harbour Master to enter the Harbour before passing the Saddle Buoy or entering the Swashway across Spit Sand. (3) No vessel shall, without the permission of the Queen's Harbour Master, navigate—
(b) within 50 metres of the walls, slipways and boundaries of any Crown Establishment; or (c) within 100 metres of any submarine alongside in any Crown Establishment or which is at anchor, a buoy or a mooring within the Dockyard Port. Exclusion Zones
(b) (by night) two flashing red lights at the masthead horizontally disposed. (3) Where a direction specified in paragraph (1) above has been given and whilst the shapes or light signals specified in paragraph (2) above are displayed—
(b) vessels alongside, at anchor, at a buoy or at a mooring within the exclusion zone shall remain in such a position whilst the exclusion zone remains in force. (4) The exclusion zone shall remain in force until either—
(b) the Queen's Harbour Master countermands the direction which promulgated the zone. (5) A direction shall be given and countermanded using VHF Channel 11 or 13 and where practicable by the movements signal.
(7) The vessel which is to be given a clear passage and any tugs in attendance on such vessel shall display the International Code Pennant superior to Pennant ZERO by day (no signal being displayed at night) while underway in the area. (8) Notwithstanding a channel closure being in force, small boats may continue to operate provided that they do so with caution and that they do not impede the safe passage of the vessel for which the channel closure is implemented. Small Boats in the Harbour 7.Power-driven small boats and all cross harbour ferries shall, when inside the Harbour, keep out of the way of all seagoing vessels, Isle of Wight car and passenger ferries and tugs conducting towing operations. Speed of Vessels navigating the Dockyard Port 8.—(1) All vessels shall comply with any direction which the Queen's Harbour Master may issue for speed limits from time to time and which may be published in a general or local notice to mariners. (2) Subject to paragraph (1) above, no vessel, when navigating within the Harbour or (except for water-skiers and jet-skiers in an area for the time being designated by the Queen's Harbour Master and marked by buoys) when within 0.5 nautical miles of the line of mean low-water springs in any part of the Dockyard Port outside the Harbour shall proceed at a greater speed than 10 knots through the water save for the purpose and subject to the conditions specified in a licence in writing given by the Queen's Harbour Master. Vessels to be navigated with care and caution 9.The Master of a vessel navigating the Dockyard Port shall navigate the vessel with care and caution and in such a manner as shall not cause annoyance to the occupants of any other vessel or cause damage or danger to any other vessel or to any moorings or other property. Navigation in the Harbour Entrance and Small Boat Channel 10.—(1) Small boats flying official flags or discs which are pilot boats, police launches, HM Customs and Excise craft, Her Majesty's vessels or Royal Maritime Auxiliary Service craft, and tugs engaged in towing operations or escorting a vessel under instruction from a pilot, may use the approach channel and the main navigable channels of the Harbour when the exercise of their duties requires it. (2) Subject to paragraph (1), small boats must:
(b) if fitted with an engine, use it when in the Small Boat Channel and when crossing between Ballast and Gunwharf Quays or the Town Camber; (c) not loiter in the Small Boat Channel; (d) obey any directions in respect of traffic separation which the Queen's Harbour Master may from time to time issue by local or general notice to mariners in respect of the entrance to the Swashway and the Inner Swashway; and (e) not, without the permission of the Queen's Harbour Master, cross the harbour between Ballast and Gunwharf Quays or the Town Camber. Movements of Vessels in the Harbour and its approach channel during poor visibility (This note is not part of the Order) 1.This Order is made under the Dockyard Ports Regulation Act 1865, which provides for defining the limits of a dockyard port, the appointment of a Queen's harbour master for the port and the making of rules concerning the lights or signals to be carried or used and the steps for avoiding collisions by vessels navigating the waters of the port. 2.The Order supersedes the Dockyard Port of Portsmouth Order 1978. The Order makes provision for—
(b) controls on jet-skiing, parascending and windsurfing; and movement of small boats; and (c) changes to rules on anchoring and mooring; fishing; swimming and diving; water-skiing; speed limits; reserved and recreational areas; firearms, weapons and explosives; Port radio communication; shipping movement control; restriction of movement in poor visibility; and temporary restrictions on movement within the Dockyard Port. 3.Admiralty charts relating to the Dockyard Port area are issued by the Hydrographer of HM Navy and can be bought from authorised suppliers; details of these suppliers can be obtained from the United Kingdom Hydrographic Office, Admiralty Way, Taunton, Somerset TA1 2DN (telephone number 01823 337900; fax number 01823 284077). Notes: [1]1865 (c. 125); section 6 was amended by Schedule 3 to the Criminal Justice Act 1967 (c. 80) and sections 40 and 46 of the Criminal Justice Act 1982 (c. 48) and Part 1 of Schedule 1 to the Statute Law (Repeals) Act 1993 (c. 50); section 7 was amended by sections 1(1)(a), 1(2), 3(2) and 3(6) of the Defence (Transfer of Functions) Act 1964 (c. 15) and Part XIII of Schedule 1 to the Statute Law (Repeals) Act 1986 (c. 12).back [2]The function under the said section 7 of the Board of Trade is now vested in the Secretary of State for Transport by virtue of section 2(1) (repealed) of the Ministry of Transport Act 1919 (c. 50), S.R. & O. 1919/1440, S.I. 1965/145, S.I. 1970/1537, S.I. 1974/692, S.I. 1983/1127, S.I. 1997/2971, S.I. 2001/2568 and S.I. 2002/2626.back [3]S.I. 1996/75, amended by S.I. 2004/302.back [4]S.I. 1978/1881.back ISBN0 11 072924 2 -- Back --
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