The Whitby Harbour Act of 1827 and of 1879 are the basis of the powers and duties which apply to the management of Whitby Harbour. These were added to by the Whitby Urban District Council Act 0f 1905 and the national 1964 Harbour Act.
Scarborough Borough Council is the ‘Statutory Harbour Authority’ for the Port and Harbour of Whitby. A Statutory Harbour Authority is responsible for improving, maintaining and managing a harbour.
The 1964 Harbour Act was national legislation which removed the need for local Acts of Parliament, by allowing changes to be made by applying to the Minister for a Harbour Revision Order.
There has not been a Harbour Revision Order for Whitby Harbour since the 1964 Act, therefore the provisions of the Whitby Urban District Council Act 1905, etc are still in force.
The 1905 Act requires separate, audited accounts to be produced for Whitby Harbour every year. The Act states very clearly that all surplus income form harbour land must be ring-fenced for harbour use…