(1) Any person who contravenes or otherwise fails to comply with any of these byelaws, or any condition, requirement or prohibition imposed by the Harbour Master in the exercise of the powers conferred upon him by these byelaws, shall be guilty of an offence and shall be liable on summary conviction -
(a) in the case of an offence against byelaw 4, 7, 23 or 26 to a fine not exceeding level 2 on the standard scale; and
(b) in the case of a offence against any other byelaw, to a fine not exceeding level 3 on the standard scale.
(2) Where the commission by any person of an offence under these byelaws is due to the act or default of some other person, that other person shall be guilty of an offence and that other person may be charged with, and convicted of the offence by virtue of this byelaw, whether or not proceedings for the offence are taken against any other person.
(3) In any proceedings for an offence under these byelaws, it shall be a defence for the person charged to prove -
(a) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence; or
(b) that he had a reasonable excuse for his act or failure to act.
(4) If, in any case, the defence provided by paragraph (3)(a) of this byelaw involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing he has served on the Trustees a notice in writing giving such information identifying, or assisting in the identification of that person as was then in his possession.
Given under the common seal of the Gloucester Harbour Trustees this 17th day of July 1997
(Signed) I M Walker
(Signed) H R T Shackleton
Authorised Officer Seal No 2/97
The Secretary of State hereby confirms the foregoing byelaws.
Signed by the Authority of the Secretary of State for the Environment, Transport and the Regions
Dated 16 October 1998
(Signed) S K Reeves
Head of Ports Division
Department of the Environment, Transport and the Regions
E-mail: [email protected]
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