Enforcement

The Board’s responsibility and authority extends to the River Arun and its estuary as shown in the diagram below and includes the quays, piers, landing places and all other works, land and buildings owned, occupied, or administered by the Board, whether or not within the area shown.

Statutory Power — Article 3 of the Littlehampton Harbour Revision Order 2015

The Board has the power to make and enforce General Directions. These are published in full here: LHB General Directions
A summary is available here: Regulations for all vessels

Directions may apply—

• to all vessels or to a class of vessels;
• to persons designated in the direction;
• to the whole of the harbour or to a part; 
• at all times or at certain times or at certain states of the tide; or
• towards vessels entering or leaving the Harbour.

Statutory Powers—
1. Article 4 of the Littlehampton Harbour Revision Order 2015
2. Section 40A of the Harbours Act 1964
3. Section 40D of the Harbours Act 1964

A person who fails to comply with a General Direction is guilty of an offence, and is liable on summary conviction to a fine not exceeding £2,500.

Statutory Powers —
1.  Article 8 of the Littlehampton Harbour Revision Order 2015
2. Section 40C of the Harbours Act 1964

The Harbour Master, his deputies and assistants, and any other persons authorised by the board may give a direction to a person and / or vessel(s) within the harbour limits or to vessels entering or leaving the Harbour. 

Directions may be given for one or more of the following purposes —

• requiring compliance with a requirement made in or under —
  
  • a general direction;
  • a provision of the Littlehampton Harbour Acts and Orders 1927 to 2015; or
  • a byelaw or other enactment of local application to the harbour or to the Board;
• regulating or requiring the movement, berthing, mooring or unmooring of a vessel;
• requiring the removal of a vessel from any part of the harbour if —
  • it is on fire;
  • it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property;
  • it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other persons or vessels or the carrying on of business in the harbour;
  • it is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour; or
  • its removal is considered to be necessary in order to ensure the safety of persons or the protection of property, flora or fauna or of any part of the harbour;
• regulating the loading, discharging, storing or safeguarding of the cargo, fuel, water or stores of a vessel and the discharge of its business at the harbour;
• specifying the precautions to be taken in respect of apparatus, machinery and equipment;
• regulating the speed of a vessel;
• regulating the use of the motive power of a vessel;
• prohibiting or restricting the use of fires or lights; or
• as to the discharge or use of ballast.

Statutory Power — Article 7 of the Littlehampton Harbour Revision Order 2015

A person who fails to comply with a Special Direction is guilty of an offence, and is liable on summary conviction to a fine not exceeding £2,500.

Satutory Power — Article 8 of the Littlehampton Harbour Revision Order 2015

Enforcement of Special Directions

(1) Without prejudice to any other remedy available, if a special direction applying to a vessel is not complied with within a reasonable time, the harbour master, his deputies and assistants, or any other person authorised by the Harbour Board may board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.

(2) Except in an emergency, the powers conferred by paragraph (1) may only be exercised at least 48 hours after the giving of the special direction.

(3) Expenses incurred in the exercise of the powers conferred by paragraph (1) are recoverable by the Board as if they were a charge of the Board in respect of the vessel.

Statutory Power — Article 9 of the Littlehampton Harbour Revision Order 2015

The Littlehampton Harbour Board has the power to set and collect charges on users of the harbour. 
These charges may made with respect of:

• Vessels entering, using, or leaving the harbour;
• Passengers embarking or disembarking at the harbour;
• Goods brought into, taken out of, or carried through the harbour by ship.

Charges may be compounded to provide for a fixed payment in advance and the Board uses this provision to offer Monthly and Annual rates for Harbour Dues and other charges.

Officers and Duty Officers are authorised to require and collect such charges on behalf of the Board.

All charges are carefully reviewed to ensure that they are reasonable, and they are published annually here: Schedule of Charges.

Statutory Powers —
1. Section 26 of the Harbours Act 1964
2. Section 32 of the Harbours, Docks, and Piers Clauses Act 1847

Evasion of rates

If the master of any vessel or the owner of any goods evades the payment of any rates payable, the Harbour Board has the right to recover three times the amount of rates so evaded.

In addition, evasion of rates is an offence under the Littlehampton Harbour General Directions and any person evading payment is guilty of an offence and liable on summary conviction to a fine not exceeding £2,500.

Statutory Powers —
1. Section 43 of the Harbours, Docks, and Piers Clauses Act 1847
2. Littlehampton Harbour General Direction B10
3. Article 8 of the Littlehampton Harbour Revision Order 2015
4. Section 40C of the Harbours Act 1964

Commercial charges

The Harbour Board may carry out a trade or business of any kind which conduces to the efficient and economical performance by the Board of the management of the harbour. Through this provision the Board offers residential and visitor moorings and commercial marine services.
As well as beneffiting the wider harbour stakeholder community, the income generated from these activities supports the operation and maintenance of the harbour.

Statutory Power — Article 19 of the Littlehampton Harbour Revision Order 2015

Registration and reporting the arrival of vessels

All vessels using the harbour must register with the harbour office and supply such information as the Harbour Master may reasonably require, including the name and address of the owner, details of the vessel, the place where the vessel is normally kept, and the purpose for which the vessel is to be used. 

Failure to register, as a breach of general directions, is an offence liable to a fine not exceeding £2500

The owner of a vessel must inform the Harbour Master within 24 hours, if the vessel is sold or transferred to another person, or if there is any other alteration to the details which have been registered.

Statutory Powers —
1. Littlehampton Harbour General Directions E19 & F3
2. Article 8 of the Littlehampton Harbour Revision Order 2015

Master of vessel to produce certificate of registry

The master of every registered vessel must produce, on demand, the certificate of registry for that vessel.
Refusal or failure to produce the certificate is an offence, liable to a fine not exceeding £500.

Statutory Power — Section 36 of the Harbours, Docks, and Piers Clauses Act 1847

Information for the purpose of landing charges

To determine whether any landing fees or other charges are payable, the Board may request the owner or master of a vessel to provide details in writing of:

• The number of persons embarking on or disembarking from that vessel within the harbour; or
• the weight, quantity, volume and composition of cargo being loaded onto or unloaded from that vessel within the harbour.

A person who, without reasonable excuse, fails to comply with such request or who knowingly or recklessly provides false information is guilty of an offence and is liable on summary conviction to a fine not exceeding £2,500.

Statutory Power — Article 13 of the Littlehampton Harbour Revision Order 2015

Masters of vessels to give accounts of goods intended to be unshipped

Within 12 hours of the arrival of a vessel intending to unship goods, the master must provide a list of all such goods.
In addition, if required by the Board, the master must give 12 hours notice of the time at which the goods are intended to be unshipped.

Statutory Power — Section 37 of the Harbours, Docks, and Piers Clasuses Act 1847

Failure to provide such information is an offence, liable to a fine not exceeding £1,000

Statutory Power — Section 38 of the Harbours, Docks, and Piers Clauses Act 1847

Shippers to give an account of goods intended to be shipped

A shipper must provide a signed account of any goods intending to be shipped on board of any vessel within the Harbour.
Failiure to provide such account or to provide false account is guilty of an offence and is liable to a fine not exceeding £1,000, for each offence.

Statutory Power — Section 39 of the Harbours, Docks, and Piers Clauses Act 1847

Obstruction of Officers

Officers and Duty Officers of the Board may require any person to give them such information, including name and address, as they require for the purposes of the performance of their duties.

A person who, without reasonable excuse, fails to give such information when required; gives information which they know to be false; or who intentionally obstructs or threatens an officer or duty officer of the Board acting in the performance of their duty is guilty of an offence and is liable on summary conviction to a fine not exceeding £2,500.

Statutory Power — Article 14 of the Littlehampton Harbour Revision Order 2015

Officers and Duty Officers may board vessels in the pursuance of their duties in accordance with the following provisions:

Enforcement of special directions

An authorised officer of the Board may board a vessel to carry out a special direction not complied with or to otherwise cause the vessel to be handled in accordance with the direction. See the section above “Special Directions” for further details.

Statutory Power — Article 9 of the Littlehampton Harbour Revision Order 2015

An authorised officer of the Board may, on producing written authority signed by the harbour master, enter and inspect a vessel in the harbour —

• for the purpose (including its enforcement) of —
  • an enactment relating to the Board;
  • a byelaw of the Board;
  • a general direction; or
  • a special direction; or
• to prevent or extinguish fire,

but, except in an emergency, no entry of a vessel may take place without prior notice having been given to the owner or the person appearing to have charge of the vessel at least 48 hours before entry; and the notice must include a copy of this article.

Statutory Power — Article 12 of the Littlehampton Harbour Revision Order 2015

To ascertain the rates payable

An authorised officer of the Board may, alone or with any other person, enter into any vessel within the limits of the harbour in order to ascertain the rates payable in respect of that vessel or of any goods onboard.

Statutory Power — Section 34 of the Harbours, Docks, and Piers Clauses Act 1847

Recovery of rates on goods

An authorised officer of the Board may, with such assistance as they consider necessary, enter any vessel within the limits of the harbour to sieze goods on evasion of rates. See the section below “detaining or siezing vessels or cargo”  for further details.

Statutory Power — Section 45 of the Harbours, Docks, and Piers Clauses Act 1847

General

An authorised officer of the Board may board any vessel for the purposes of detaining or seizing any vessel or cargo; or for the moving, removing, or destruction of a vessel, in accordance with the legal powers outlined in the sections below. 

The Board may detain, seize, or impound a vessel or its cargo for any of the following reasons:

To prevent evasion of rates

The Harbour Master, his assistants and deputies, or any other person authorised by the Board, may prevent the removal or sailing from the harbour of any vessel which has not paid the requried vessel, passenger, or goods charges.

Statutory Power — Section 65 of the Littlehampton Harbour and Arun Drainage Outfall Act 1927

Recovery of rates

In the case of unpaid rates on vessels, the Harbour Board may take and impound the vessel, or any part of the vessel, including any tackle, apparel, and furniture, and retain it until the rates are paid. 
If vessel rates remain unpaid for 7 days after impounding the vessel, the Board may sell the vessel or any items taken. The amount of oustanding rates, along with the costs incurred in taking, keeping, appriasing, and selling the same can be retained by the Board. Any surplus over the rates and costs, will be returned to the Master of the vessel upon demand.

Statutory Power — Section 44 of the Harbours, Docks, and Piers Clauses Act 1847

In the case of unpaid rates on goods, the Harbour Board may enter any vessel within the harbour limits and take and impound such goods, or if the goods have been removed, any other goods belonging to the person liable to pay the rates. The goods may be sold at any time to recover the amount outstanding. Any surplus over the rates and costs, will be returned to the owner upon demand.

Statutory Power — Section 45  of the Harbours, Docks, and Piers Clauses Act 1847

Note – The Harbour Board has the right to tripple the amount of rates evaded and these increased amounts may be recovered in the same manner as above, or in court.

Statutory Power — Section 43 of the Harbours, Docks, and Piers Clauses Act 1847

Dispute of applicable rates on goods

If any difference arises between the Harbour Board and the maser of any vessel, or the owner of any goods, concerning the weight or quantities of the goods liable to rates, the Harbour Board may detain the vessel until the goods have been weighed or measured.

Statutory Power — Section 40 of the Harbours, Docks, and Piers Clauses Act 1847

Expenses incurred in moving, removing, or destroying any vessel, wreck, or obstruction.

The Harbour Board may detain, impound, or sieze a vessel for the purposes of securing the payment of expenses incurred in the moving, removing, or destruction of a vessel or wreck, as provided for in the legislation outlined in the section below. of

Removal of wrecks

The Harbour Master, his deputies and assistants, and any other persons authorised by the board may remove any wreck or other obstruction to the harbour, or in its approaches. The expense of removing any such wreck or obstruction will be charged to the owner. The harbour master may detain any wreck for securing the expenses. If the expenses are not paid, then the wreck or obstruction may be sold to satisfy them.
If after the sale, there is any surplus over the expenses, this will be returned to the owner, upon demand.

Statutory Power — Section 56 of the Harbours, Docks, and Piers Clauses Act 1847

Removal of unservicable vessels

No vessel which is laid by, or neglected as unfit for sea service, is permitted to lie within the limits of the harbour. The Harbour Master may remove any such vessel from within the harbour to any safe location he considers appropriate. The expenses of removing or placing the vessel will be charged to the owner. If, after 7 days of having been awarded a judgement through the courts, the expenses have not been paid, the Harbour Master may sell the vessel or any part thereof, including tackle, apparel, and furniture to satisfy them.

Statutory Power — Section 57 of the Harbours, Docks, and Piers Clauses Act 1847

Removal of abandoned vessels

No person may abandon a vessel anywhere within the Harbour, or on its banks or shore. If an abandoned vessels is not removed immediately on demand of the Harbour Master, the Harbour Master may remove and dispose of the vessel as he considers appropriate. Any costs reasonably incurred in removing and disposing of the vessel will be charged to the owner of the vessel or the person who abandoned it and may be recouped from the proceeds of the sale of the vessel. If after the sale, there is any surplus over the costs incurred, this will be returned to the owner of the vessel.

Staturtory Power — Littlehampton Harbour General Direction E20

Moving or removal of vessels not acting in accordance with the directions of the Harbour Master

If the master of any vessel does not moor, unmoor, place, or remove the vessel according to the directions of the Harbour Master, or if there is no person on board to attend to such directions, the Harbour Master may moor, unmoor, place, or remove the vessel as he thinks fit within the limits of the harbour. In doing so he may cast off, unloose, cut any rope, unshackle, or break any chain.
The Harbour Master will put a sufficient number of persons on board the vessel to protect it during the operation.
The expenses of attending to such mooring, unmooring, placing, or removal must be paid by the master of the vessel.

Statutory Power — Section 58 of the Harbours, Docks, and Piers Clauses Act 1847

As a statutory authority, the Harbour Board has the power to prosecute criminal offences within its area of authority. enforce the laws relating to the investigate

Officers and Duty Officers may require any person to give them such information, including name and address, as they require for the purposes of the performance of their duties.

A person who, without reasonable excuse, fails to give such information when required, gives information which they know to be false, or who intentionally obstructs or threatens an officer or duty officer of the Board acting in the performance of their duty is guilty of an offence and is liable on summary conviction to a fine not exceeding £2,500.

Statutory Power — Article 14 of the Littlehampton Harbour Revision Order 2015

Harbour Officers and Duty Officers are not Police Constables and they hold only those powers of arrest which the law grants to all ordinary persons.

LHB policy is that, wherever possible, the Police will be asked to assist with enforcement action if required.
However, when necessary and in certain circumstances, Officers and Duty Officers may legally —

• Arrest a person to prevent them from committing a breach of the peace;
• Arrest or assist in the lawful arrest of offenders or suspected offenders;
• Use appropriate force in making such an arrest.

Legal Powers —
1. Common Law Breach of the Peace ‘R v Howell’ (1981)
2. Section 3 of the Criminal Law Act 1967
3. Section 24A of the Police and Criminal Evidence Act 1984