Jersey Law 23/1961
“HARBOURS (ADMINISTRATION) (JERSEY) LAW, 1961”,
CONFIRMÉ PAR
Ordre de Sa
Majesté en Conseil
en date du 26 mai
1961.
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ARRANGEMENT OF
ARTICLES.
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Article
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1.
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Interpretation
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2.
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Appointment of Harbour Master, etc
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3.
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Police powers of Harbour Master
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4.
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Power to make regulations
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5.
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Repeals
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6.
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Short title
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HARBOURS (ADMINISTRATION) (JERSEY) LAW, 1961.
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A LAW to
revise the Law with regard to the policing, control and administration of the
harbours of the Island, sanctioned by Order of Her Majesty in Council of the
26th day of MAY, 1961.
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(Registered on the 17th day of
June, 1961).
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STATES OF JERSEY.
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The 16th day of
March, 1961.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
ARTICLE 1
INTERPRETATION
In this Law, unless the context otherwise requires –
“the Committee” means the Harbours and Airport
Committee ;
“harbour” means any harbour, whether natural or
artificial, and includes any port, dock, pier, jetty or quay, and any waters in
which sea-going vessels can obtain shelter or ship or unship goods or
passengers ;
“Harbour Master” has the meaning assigned thereto by
Article 2 of this Law ;
“officer” has the same meaning as in the Civil Service
Administration (Jersey) Law, 1953, as
amended.
ARTICLE 2
APPOINTMENT OF HARBOUR MASTER, ETC
(1) There
shall be appointed an officer, to be known as “the Harbour Master”,
who shall be entrusted with the policing, control and administration of the
harbours and territorial waters of the Island, and who shall perform such
duties as may be imposed on him by the Committee for the carrying into effect
of any legislation for the time being in force in the Island relating to
shipping and sea navigation.
(2) The
Committee shall appoint one or more officers to deputise for the Harbour Master
in the event of his absence from duty either by reason of illness or for any
other cause or in the event of a vacancy in the office of Harbour Master, and
an officer so appointed shall, while so deputising, have the same powers and be
subject to the same duties as the Harbour Master.
(3) The
Harbour Master and every person appointed under paragraph (2) of this Article
shall, on appointment or as soon as may be thereafter, take oath before the
Royal Court well and faithfully to discharge the duties of their respective
offices.
ARTICLE 3
POLICE POWERS OF HARBOUR MASTER
(1) The
Harbour Master shall, within the limits of every harbour and within the
territorial waters of the Island, have the same powers of detention and arrest
and of enforcing the maintenance of public order as are possessed by a
Centenier.
(2) The
prosecution of any person arrested by the Harbour Master under the powers
conferred on him by this Article shall be undertaken by the Constable of the
parish in which the person was arrested or, if the arrest took place within the
territorial waters of the Island, by the Constable of Saint Helier.
ARTICLE 4
POWER TO MAKE REGULATIONS
Subject to the provisions of any legislation for the time being in
force in the Island relating to shipping and sea navigation, the States may
make regulations for the policing, control and administration of the harbours
and territorial waters of the Island.
ARTICLE 5
REPEALS
The “Loi (1928) sur l’Administration des Ports” and the “Loi (1938) modifiant la Loi (1928)
sur l’Administration des Ports” are
hereby repealed :
Provided that –
(a) any person who was
appointed to any office under the said Laws and who is holding such office
immediately before the commencement of this Law shall be deemed to have been
appointed to that office under this Law ; and
(b) any regulations made
under the said Laws and in force at the time of the commencement of this Law
shall continue in force and have effect as if they had been made under this
Law.
ARTICLE 6
SHORT TITLE
This Law may be cited as the Harbours (Administration) (Jersey)
Law, 1961.
F. DE L. BOIS,
Greffier of the States.