Preliminary

1.These Bye-Laws may be cited as the CardiffDock & Harbour Bye-Laws 2003, and shall come into force on the expiration of 28 days from the date of confirmation thereof by the Secretary of State.

2.These Bye-Laws shall apply to all parts of the Dock & Harbour as defined in Bye-Law 3 hereof.

3.In these Bye-Laws, the following words or expressions have the meanings hereby respectively assigned to them:

“ABP” means Associated British Ports;

“authorised officer” means any officer, employee or agent of ABP acting in the execution of his duty upon or in connection with the Dock & Harbour;

“board sailing” means the navigation or propulsion of a sail board and “sail board” means a vessel in the form of a raft with a sail and which is designed to be navigated by a person standing upright thereon;

“goods” means all articles and merchandise of every description and includes fish, livestock and animals;

“Dock & Harbour” means: -

(a)the dock entrance, channels, harbour and all other places within the limits of the harbour as defined in Section 15(2) of the British Transport Docks Act 1972 as having effect in accordance with section 17 of the Cardiff Bay Barrage Act 1993, which limits are marked with a red line on the plan attached to these Bye-Laws; and

(b)the dock undertaking of ABP at Cardiff (hereinafter described as “the docks”) including any dry dock, slipway, lock or entrance, and all quays, jetties, plant, railways, buildings, sheds, entrances, approaches, roads, ways, bridges, gates, and all works and things and land comprising the said undertaking;

“harbour master” means the Dock & Harbour Master appointed by ABP and includes his authorised deputies and assistants and any person authorised by ABP to act in that capacity;

“master” when used in relation to any vessel means any person having the command, charge or management of the vessel for the time being;

“owner” when used in relation to goods includes any consignor, consignee, shipper or agent for the sale, receipt, custody, loading or unloading and clearance of those goods and includes any other person in charge of the goods or his agent in relation thereto; and when used in relation to a vessel includes any part owner, broker, charterer, agent or mortgagee in possession of the vessel or other person or persons entitled for the time being to possession of the vessel;

“personal watercraft” means a small recreational boat propelled by a directionally controlled water jet or by other mechanical means of propulsion and steered either:-

(a)by means of a handlebar operated linkage system (with or without a rudder at the stern); or

(b)by the person or persons riding the craft using their body weight for the purpose; or

(c)by a combination of the methods referred to respectively in (a) and (b) above;

“quay” means any quay, wharf, jetty, dolphin, landing stage, pontoon, or other structure used for berthing or mooring vessels, and includes any pier, bridge, roadway or footway immediately adjacent and affording access thereto;

“small vessel” means any vessel of less than 20 metres in length or a sailing vessel and for the purposes of this definition “sailing vessel” means a vessel designed to carry sail, whether as the sole or as a primary or supplementary means of propulsion;

“vehicle” includes every kind of vehicle propelled on rails or wheels, any machinery on wheels or caterpillar tracks, and any amphibious vehicle while operating on land;

“vessel” includes any ship, boat, raft or craft of every class or description, howsoever navigated or propelled, a hovercraft as defined in section 4 of the Hovercraft Act 1968 and a hydrofoil vessel.