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

1.

Interpretation

2.

Appointment of Harbour Master, etc

3.

Police powers of Harbour Master

4.

Power to make regulations

5.

Repeals

6.

Short title

 


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, 1953,1 as amended.2

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”3 and the “Loi (1938) modifiant la Loi (1928) sur l’Administration des Ports”4 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.



1        Tome 1951–1953, page 669.

2        Page 145 of this volume.

3        Tome VI, page 473.

4        Tome 1937–1938, page 465.


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